burglary

Question 1

burglary

Answer 1

section 9 theft act 1968
s9 (1)(a) and s9(1)(b)
max 14 years if entered dwelling
max 10yrs if entered other building
aggravated burglary- max life imprisonment

Question 2

s.9(1)(a)

Answer 2

guilty if he enters building or any part of buildng as trespasser with intent to either steal anything in the building, inflct gbh on any person in bilding or doing unlawfu damage to building or anything in it

Question 3

s9(1)(b)

Answer 3

guilty if entered building or part of building as trespasser he steals attempts to steal or inflict or attempt to inflict gbh on any person therein

Question 4

ryan 1996

Answer 4

requirement effective not followed
d became trapped trying to get through window of house
head and right arm inside the house the rest outside
fire brigade released him
not effective entry
entered and was guilty

Question 5

r v collins

Answer 5

had to be effective and substantial entry

Question 6

r v brown

Answer 6

an effective entry

Question 7

b and s leathley 1979

Answer 7

freezer container connected to electric supply was held to be building

Question 8

norfolk constabulary v seeking and gould 1986

Answer 8

lorry trailer connected to electric supply but with wheels not considered building

Question 9

part of building

Answer 9

d in part of building dont have permission to be in
walkington- permitted to be in shop but not behind counter where he was trespasser

Question 10

trespasser

Answer 10

permission to enter
must be shown d aware he was trespassing or subjectively reckless in doing so

Question 11

smith v jones

Answer 11

went to smiths fathers house middle of night and took two tv sets without knowledge or permission
father said son would not be trespasser he had general permission to enter
smith had entered in excess of the permission given and convicted

Question 12

mens rea

Answer 12

trespasser- know or subjectively reckless