Burglary Flashcards

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1
Q

Two definitions

A

S.9 (1)(A)= an offence committed by entering a building or part of a building as a trespasser with the intent to commit theft, GBH or criminal damage
S.9 (1)(B)= an offence committed by the defendant entering a building or part of a building as a trespasser and then stealing or attempting to steal, or inflict, or attempts to inflict, GBH

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2
Q

Must be an effective and substantial entry

A

R v Collins

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3
Q

Entry need not be substantial as long as its effective

A

R v Brown

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4
Q

Gained some level of entry

A

R v Ryan

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5
Q

Buildings

A

S.9 (3)- inhabited places such as houseboats or caravans

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6
Q

Outbuildings and sheds

A

R v Rodmell

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7
Q

Doors with locks and connected to electricity supply

A

B and S v Leathley

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8
Q

Addition of wheels - more a vehicle

A

Norfolk Constabulary v Seekings and Gould

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9
Q

Defendant must know they were trespassing or defendant was reckless

A

R v Collins

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10
Q

Gone beyond scope of owners permission to be in the building

A

R v Smith and Jones

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11
Q

Must prove at time of entering he was a trespasser

A

R v Laing

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12
Q

mens rea

A

For S.9 (1)(a)- defendant must have intention to commit 1 of 3 offences

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13
Q

Sentencing

A

Powers of the Criminal Courts (sentencing) Act 2000= repeat offender, min of 3 years imprisonment

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14
Q

Consider victims impact rather than cash value of items stolen or damaged

A

R v Saw

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