burgalary Flashcards
9(1)(A)
enters w intent to steal,inflict GBH or unlawful damage
9(1)(b)
enters as a trespasser and inflicts or intends to inflict
entry is not defined in theft act of 1968 so
so it’s for the jury to decide (ryan)
how much is needed for an entry
not whole body e.g a limb
does D have to be capable of stealing from their position
no
what is classed as a building
not defined but
4 walls
degree of permanency
roof
s(9)(4)
inhabited vehicle or vessel could =building
*write if app
b+s v leathly ❄️
freezer container= building locked doors + electric
Norfolk constabulary v seeking and gold
wheels = not a building as can be moved
used as an office
part of a building + case
permission to be in one part but not another = trespass
walkington
what makes a tresspasser
entry without consent or exceeding consent
collins
permission to be in a building / part of then not a tresspasser
permission but goes beyond that may be a tresspass case
smith and jones
additional for 9(1)b
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.
mens rea for 91B
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