Burglary Flashcards
For S9(1)a, must D enter any part of a building as a trespasser?
Yes
For S9(1)a, what offences must D intend to commit?
GBH, criminal damage or theft
What case illustrates that the D MUST enter the building?
Collins
Which cases say that entry must be ‘substantive and effective’ even if this may not be the case anymore
Brown and Ryan
What section talks about what the definition of a building is?
S9(4)
What examples include buildings?
Houses, greenhouses, stables, flats and house boats
What cases illustrates the definition of a building?
B & S V Leathley
What cases illustrates a part of a building?
Walkington (behind the counter is a different part of a building)
Can you go pass the permission given?
What is the case?
Yes
Case- Smith and Jones
What Mens Rea do you need to trespass?
Intention or Recklessness
What does s9(1)b state?
Committing an offence whilst being a trespasser
What two offences are associated with s9(1)b?
GBH or theft
What is conditional intent in association with burglary?
Entering a building intending to steal if there is anything valuable
What sections of the Theft Act 1968 deal with burglary?
S9(1) a and S9(1)b