Burgalry Flashcards

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1
Q

defined under

A

Section 9 of the Theft Act 1968

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2
Q

AR -Sme for 1A and 1B

A

Entry -No legal definition. Bulit up by case law D does not have to enter An arm through a window is enough Ryan

Building-Judges used case law to define what is a building
S9 4 Extended building to mean ‘inhabited vehicles or vessels ‘Struggled if a large container is one Norfolk V Seeking’s

Part of a budling-D may have permission to be in one part but does not have permission to be in another part Walkingotn

Tresspasser-D must have no permission to enter If they have they are not a trespasser
If they go beyond their permission they are considered a tresspasser.Smith and Jones

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3
Q

MR - 1A

A

-D knew he was tresspassing or subjectivley reckless as to whether he was tresspassing
-Must also have intention to commit one of three ulterior offences at point of entry (Steal,GBH,Criminal damage)
-Conditional intent is sufficient for D to be guilty if there nothing worth stealing and he does not actually steal

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4
Q

MR-1B

A

-D knew he was trespassing or subjectively reckless
-Must develop intent for theft or GBH after entering
-Conditional intent sufficient must prove attempted/completed offence.

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