burgalary Flashcards

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1
Q

9(1)(A)

A

enters w intent to steal,inflict GBH or unlawful damage

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2
Q

9(1)(b)

A

enters as a trespasser and inflicts or intends to inflict

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3
Q

entry is not defined in theft act of 1968 so

A

so it’s for the jury to decide (ryan)

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4
Q

how much is needed for an entry

A

not whole body e.g a limb

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5
Q

does D have to be capable of stealing from their position

A

no

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6
Q

what is classed as a building

A

not defined but
4 walls
degree of permanency
roof

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7
Q

s(9)(4)

A

inhabited vehicle or vessel could =building
*write if app

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8
Q

b+s v leathly ❄️

A

freezer container= building locked doors + electric

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9
Q

Norfolk constabulary v seeking and gold

A

wheels = not a building as can be moved
used as an office

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10
Q

part of a building + case

A

permission to be in one part but not another = trespass
walkington

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11
Q

what makes a tresspasser

A

entry without consent or exceeding consent

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12
Q

collins

A

permission to be in a building / part of then not a tresspasser

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13
Q

permission but goes beyond that may be a tresspass case

A

smith and jones

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14
Q

additional for 9(1)b

A

Must have the mens rea for theft, dishonesty and intent to permanently deprive or mens rea for GBH mens rea for section 20. No need to prove intent. Serious harm section 18.

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15
Q

mens rea for 91B

A

Dishonest and intent, Penryn deprive mens rea of the section 20. Some ham. Don’t need to prove section 18.
aim + purpose mohan
cunningham recklessness

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16
Q

Mens rea for 9(1)(a) is

A

Intent of theft, GBH or CD
conditional intent applicable