AR Flashcards
What are the Three sections needed for the AR
trespass
enter
building or part of a building
How have definitions been developed
through case law
What is the difference between s.9.1.a and s.9.1.b
the intention at the point of entry
What is s.9.1.a
D must intend one of the 2 ulterior motives at the time of entry as a trespasser (However the ulterior motives need not actually happen)
What is s.9.1.b
D’s intention on time on entry as a trespasser is irrelevant. Prosecution must prove that D Committed or attempted to commit one of the 2 ulterior offences
s.9.1.a what are the ulterior motives
1) steal anything in the building i.e. commit a theft
2) inflict any GBH
3) do unlawful damage to the building
s.9.1.b what are the ulterior motives
1) he steals or attempts to steal anything from the building
2) inflicts/attempts to inflict any gbh (at least s20) on any person in the building