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Law > Burlary > Flashcards

Burlary Flashcards

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1
Q

What act defines burlary?

A

Theft act 1968

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2
Q

What section of the act defines burglary?

A

s9

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3
Q

What type of offence is burglary?

A

Either way or indictable

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4
Q

What is the max sentence for a burglary?

A

10 years for a non-dwelling and 14 years for a dwelling

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5
Q

What are the elements of AR for burglary?

A

Tresspass/ Enter/ Building

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6
Q

What is the difference between s9.1a and s9.1b?

A

Is intention at the time of entry

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7
Q

What is s9.1a?

A

Enters a building or part of building as a tresspasser with the intent to commit 1 of the 3 ulterior offences:
Steal anything in the building
Inflict GBH
Cause unlawful damage to the building

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8
Q

What is s9.1b?

A

D must entered building or part of building as a tresspasser then commits 1 of the 2 ulterior offences:
He steals/ attempts to steal from the building
Inflicts/ attempts to inflict GBH

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9
Q

Is trespass criminal law?

A

No, its a civil tort

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10
Q

What is the MR needed for trespass?

A

Intentional/ cunningham reckless

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11
Q

What case states that a shopper who enters a supermarket intending to steal is a burg?

A

Smith& Jones

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12
Q

What was stated about a trespasser in smith and jones?

A

A person is a trespasser if he enters premises of another knowing that he is entering in excess of the permission that he has been given to enter

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13
Q

What case indicated that entry must be effective and substantial

A

Collins

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14
Q

What case states that D does not have to enter the entire building

A

Collins

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15
Q

What case went against Collins and said that entry should be effective but not substantial?

A

Brown

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16
Q

What case raised doubt that entry should be effective

A

Ryan

17
Q

What did Stevens v gourley indicate about a building

A

Needed to be a structure of considerable size and intended to be fairl permanent

18
Q

What section of the theft act says that a building can be an inhabited vehicle or vessel

A

S9(4)

19
Q

What was the LP I’m Norfolk constabulary v seekings and Gould

A

Not inhabited vehicles therefore no building

20
Q

What case was Norfolk constabulary v seekings and Gould distinguished from?

A

B&s v leathery (railway sleepers for 3 years)

21
Q

WHat case states that going behind the counter in a shop is burg

A

Walkington

22
Q

What case does walkington go against

A

Laing

23
Q

In what case did the c of a indicate that dwelling should be left for jury

A

Flack

24
Q

What case said that an unfinished building is a house for burg

A

Manning

25
Q

What case indicated that an empty house undergoing renovations is not a dwelling

A

Stickler

26
Q

What case confirms that an intent to steal if he could is sufficient

A

AG ref 1&2

Law (14 decks)

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