Burglary Flashcards

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1
Q

S9(1)(b)

A

Person is guilty of burglary if he enters any building or part of building as a trespasser and steals or attempts to steal anything in building/part of or inflicts or attempts to inflict GNH on any person therein

  • don’t need intent when entering
  • not criminal damage
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2
Q

S9(1)(a)

A

Person is guilty of burglary if he enters building/part of as a trespasser and with intent to commit any offence in subsection 2

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3
Q

S9(2)

A

Offences in (1)(a)

  • theft anything in building/part
  • inflicting GBH on person in building
  • committing criminal damage to building/inside
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4
Q

Elements in both S9(1)(a) and (b)

A

Entry
Building/part of
Trespasser
Intention/reckless to trespass

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5
Q

Key difference between sections

A

S9(1)(a) - has intent to commit theft, GBH or criminal damage at time of entry
S9(1)(b) - D’s intent can be formed after entry for theft/GBH

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6
Q

Ryan

A

Entry is for jury to decide and likely includes extensions of D’s body
- entry need not be effective

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7
Q

S9(4)

A

Building applies to inhabited vehicle, vessel, and shall also apply to any such vehicle or vessel at times when the person having habitation is not there

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8
Q

B & S v Leathley

A

Structures must have a high degree of permanence

Same location for years

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9
Q

Norfolk Constabulary v Seekings & Gould

A

Use when low degree of permanence

Temporary, wheels

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10
Q

Walkington

A

Behind a counter is part of a building

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11
Q

Laing

A

Stockroom is part of a building

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12
Q

Smith and Jones

A

Person with authority to enter for certain purpose will become trespasser if entering for different purpose- trespassing is going beyond permission/invalid permission

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13
Q

Collins

A

Common MR
D must either know (intention) he does not have permission to enter for that purpose or must realise a chance he does not have permission but enters anyway

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14
Q

S9(1)(a) MR

A
Must intend (no recklessness) theft, GBH, criminal damage at time of entry
- no need to acc commit
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15
Q

AG Ref 1/2 1979

A

Conditional intent is enough for S9(1)(a)

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16
Q

S9(1)(b) MR

A

GBH can be whilst/in order to escape (Jenkins)
Intent needed for theft (attempt/actually committed)
GBH (intention needed if attempt)
(Recklessness accepted if actually committed)