Burglary Flashcards

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1
Q

Where is the offence of burglary contained?

A

Section 9 of the Theft Act 1968.

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2
Q

What does section 9 (1)(a) state?

A

A person is guilty of burglary if he enters any building or part of a building as a trespasser with intention to steal, inflict grievous bodily harm or do unlawful damage.

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3
Q

What does section 9 (1)(b) state?

A

A person is guilty of burglary if having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or inflicts or attempts to inflict grievous bodily harm on any person in the building.

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4
Q

Which cases defined entry and how?

A

Collins - effective and substantial
Brown - effective
Ryan - entry

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5
Q

What does the Act give extended meaning to?

A

The term building, to include houseboats and caravans.

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6
Q

Where have problems arose with regards to a building?

A

Where portakabins have been used as offices.

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7
Q

Which cases demonstrate issues with deciding what is and is not a building?

A

B and S v Leathley - freezer container was a building.

Norfolk Constabulary v Seekings and Gould - lorry trailer was not a building.

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8
Q

Which case demonstrated the phrase ‘part of a building’?

A

Walkington - counter area in a shop.

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9
Q

What must the defendant be in order for a burglary to be committed?

A

A trespasser, if they have permission to enter they will not be a trespasser as in Collins.

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10
Q

How can a defendant be a trespasser even if they have permission to enter?

A

If they go beyond their permission as in Smith and Jones.

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11
Q

What are two problems with the law on burglary?

A

The law protects property more than people, and conviction under conditional intent is unjust.

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