Building

Question 1

Is building defined in the act

Answer 1

no

Question 2

What did stevens V Gourley indicate

Answer 2

that a building needed to be a ‘a structure of considerable size and intended to e fairly permanent”

Question 3

Under Stevens V Goruley would a tent be sufficient

Answer 3

no, however a shop, supermarket churches and warehouses would be included as well as houses

Question 4

Are Caravans and houseboats permanent structures

Answer 4

no

Question 5

Even though caravans and houseboats are not permanent structures why are they still treated as buildings

Answer 5

because they are inhabited which provides weightier evidence

Question 6

does a building have to inhabited when a burglary takes place

Answer 6

no, but they need to e actively occupied

Question 7

Are mobile libraries , blood transfusion centres and army recruitment are buildings

Answer 7

no, because they are not permanent structures and they are not inhabited they are vehicles

Question 8

Which case showed that a vehicle is not a building

Answer 8

Norfolk Constabulary V Seekings and Gould

Question 9

Case facts of Norfolk Constabulary V Seekings and Gould

Answer 9

D tried to gain entry to lorry trailers used for temperate storage, they were supported by their own wheels
held that they where vehicles and not buildings for the purpose of burglary

Question 10

Norfolk Constabulary V Seekings and Gould was distinguished from which case

Answer 10

B & S V Leathley

Question 11

Case facts from B & S V Leathley

Answer 11

burglary from a large freezer container, it has held to be a building because it had been resting on railway sleepers for 3 years and it had locked doors and an electricity supply

Question 12

Why where the two cases distinguished

Answer 12

one had wheels one did not

Question 13

What can part of a building be an area

Answer 13

to which entry is clearly denied even though permission to the building its self has been granted i.e. student halls, although permission to be in the halls you would become a trespasser if you went into another bedroom the same applies to hotel rooms

Question 14

what could part of a building be

Answer 14

another room

Question 15

If a person is invited to a party, and then went to upstairs rooms when they were out of bounds is he a trespasser?

Answer 15

He is not a trespasser when he enters the buildings however he becomes a trespasser when he goes into the other roar of the building he does not have permission to be in

Question 16

Which case indicated that going behind a counter in a shop is part of a building

Answer 16

R v walkington

Question 17

case facts of RV walkington

Answer 17

D hanging around tills while cashing up was in progress, he then went behind the till and opened the till to find no money

Question 18

Where it the decision in walking ton contrasted

Answer 18

R V laing

Question 19

Case facts of R V Laing

Answer 19

D found in a shop after closing time in the stock room not open to the public, entered the store lawfully but jury decided that he did not be come a trespasser when he moved into the out of bounds area

Question 20

What question did wlakington raise

Answer 20

the question of effective demarcation, in modern day stores the till are is not always clearly demonstrated therefore can the person still be a trespasser?