Burglary^ Flashcards

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1
Q

Act?

A

Theft Act 1968
s.9 (1) (b)
s.9 (1) (a)

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2
Q

Elements

A

Entry
Building or Part of it, also a caravan or houseboat
Trespasser - not expressed or implied permission
Mens Rea

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3
Q

R V Brown

A

entry need not be complete but must be effective

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4
Q

B & S V Leathley

A

a freezer used as a storage unit was a building

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5
Q

Seekings & Gould

A

a lorry trailer used as a storage unit was not a building but still a vehicle

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6
Q

R V Walkings

A

you can be a legal visitor in one part a building but a trespasser to another

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7
Q

R V Jones & Smith

A

abused their permission to be there and become a trespasser

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8
Q

Mens Rea + Sections

A

know or be reckless to being a trespasser
S.9 (1)(a) - just enter
- intention to commit an alterior offence
s.9 (1)(b) - enter and commit or attempt

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9
Q

S.9 (1)(a)

A

just enter
- intention to commit an alterior offence
- not necessary stealing, just have intention of offence and being a trespasser

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10
Q

S.9 (1)(b)

A

s.9 (1)(b) - enter and commit or attempt
- once entered as a trespasser, the D commits or attempts a theft or GBH

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11
Q

R v Ryan

A

entry need not be complete nor effective

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