Burglary Flashcards

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1
Q

In what section of what act is burglary defined in?

A

S9(1) of the Theft Act 1968

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2
Q

What is the definition of burglary under S9(1)(a)?

A

If D enters any building or part of a building as a trespasser and with intent to commit any offence mentioned in S9(2)

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3
Q

What are the offences mentioned in S9(2)?

A

Theft, GBH and criminal damage

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4
Q

What is the definition of burglary under S9(1)(b)?

A

Having entered into a building or part of a building as a trespasser D steals or attempts to steal anything in the building/part thereof or inflicts or attempts to inflict GBH on any person therein

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5
Q

List the common elements of both S9(1)(a) and S9(1)(b)

A

Enter
Building or part of a building
As a trespasser
Intention/Recklessness to trespass

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6
Q

What elements belong to ONLY S9(1)(a)?

A

Intent to commit one of 3 ulterior offences

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7
Q

What elements belong to ONLY S9(1)(b)?

A

AR of theft/GBH

MR of theft/GBH

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8
Q

What is the case authority for entry?

A

Ryan

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9
Q

What did the case of Ryan say that entry does not have to be?

A

It doesn’t have to be effective

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10
Q

What does S9(4) say about buildings?

A

‘Building’ can include any vehicle which is permanently habituated

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11
Q

What is the case authority for ‘building’?

A

Leathley

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12
Q

Why in Leathley was the container considered a building?

A

Because it didn’t have wheels and had been there for 2/3 years

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13
Q

What is the case authority for ‘part of a building’?

A

Walkington

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14
Q

Why did the counter constitute ‘part of a building’ in the case of Walkington?

A

Because it was a designated area

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15
Q

Give another case example for ‘part of a building’

A

Laing - stock area

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16
Q

What is the case authority for ‘as a trespasser’?

A

Smith and Jones

17
Q

What does Smith and Jones say about being a trespasser?

A

To go beyond one’s permission makes them a trespasser

18
Q

What is the case authority for ‘intention/recklessness as to trespass’?

A

Collins

19
Q

Why did D in the case of Collins not have intention/recklessness as to trespass?

A

Because she had invited him in

20
Q

What is the mens rea of S9(1)(a)?

A

D must have intention to commit one of 3 ulterior offence

21
Q

Which case must be used for intention?

A

Mohan

22
Q

What type of intent will be sufficient for burglary?

A

Conditional intent

23
Q

What is the case authority for conditional intent for burglary?

A

Attorney General’s reference (Nos 1 and 2 of 1979)

24
Q

Which case says that GBH can be committed while escaping and this will still amount to burglary?

A

R v Jenkins

25
Q

For S9(1)(b) it must be proved that D had intention to do what?

A

Commit theft or GBH

26
Q

Which 3 cases must be used when discussing whether D has committed GBH?

A

DPP v Smith
R v Mowatt/Belfon
R v Mohan