Burglary section A Flashcards

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1
Q

what section is burglary defined under

A

Section 9 1 a of the theft act 1968 as the entry of a building or part of a building as a trespasser with intent to steal inflict grievous bodily harm or cause unlawful damage

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2
Q

what is the ar of burglary

A

is the entry of a building or part of a building as a trespasser

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3
Q

what does building require

A

building require permanence B and S v Leathley and can be just part of a building as in WALKINGTON. S.9 4 states that it includes inhabited vehicles or vessels

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4
Q

who is a trespasser

A

someone who enters a building or part of a building without permission Collins it includes entering with permission but then going beyond that permission Smith and Jones

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5
Q

when is the Actus reus complete

A

the actus reus is complete on entry

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6
Q

what is the mens rea of burglary section 9 a

A

the mens rea is intention of subjective recklessness as to entering as a trespasser plus intention at the point of entry to steal or inflict GBH or cause unlawful damage

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7
Q

there must be an effective

A

entry Brown Ryan

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