Burglary Flashcards

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1
Q

R v Collins

A
  • D climbed a ladder and perched on a window ledge before being invited in through the open window by V.
  • ‘Entry’
  • The Court of Appeal said ‘entry’ had to be ‘effective and substantial’.
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2
Q

R v Brown

A
  • D leaned through an open window while standing on the ground outside.
  • ‘Entry’
  • The Court of Appeal said ‘entry’ had to be ‘effective’.
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3
Q

R v Ryan

A
  • D was found with his head an arm trapped in a window at 2:30am.
  • ‘Entry’
  • The Court of Appeal said that while his entry may not have been ‘effective’, there was sufficient evidence for a jury to find D had entered.
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4
Q

B and S v Leathley

A
  • A 25-foot freezer container resting on railway sleepers in a farmyard had its own lock and electricity supply.
  • ‘Building’
  • The freezer container was held to be a building.
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5
Q

Norfolk Constabulary v Seekings and Gould

A
  • A lorry trailer had steps and its own electricity supply.
  • ‘Building’
  • The trailer was held not to be a building because it still had wheels attached.
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6
Q

R v Walkington

A
  • D opened a till housed within a three-sided ‘island’ on the shop floor of a department store.
  • ‘Or Part of a Building’
  • D may have had permission to enter the shops, but clearly entered the counter area as a trespasser with the intention to steal.
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7
Q

R v Jones and Smith

A
  • D1 and D2 took two television sets from D2’s father’s house.
  • The father argued Ds had permission to enter.
  • ‘Trespasser’
  • The Court of Appeal upheld the convictions as both D1 and D2 had exceeded their permission, or ‘licence’, to enter.
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8
Q

A-G’s Reference No. 1 No. 2 of 1979

A
  • These were two conjoined appeals where burgulars had been convicted but both argued that they had not been intending to steal a specific item.
  • Conditional Intent - Theft
  • D will satisfy the mens rea if they enter intending to steal anything they can find that is worth taking rather than a specific item.
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