PO: Burglary Flashcards

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1
Q

Brown, Ryan

A

1) there must be an effective entry

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2
Q

B and S v Leathley

A

2) building requires permanence

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3
Q

Walkington

A

2) can just be part of a building

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4
Q

Collins

A

3) a trespasser is someone who enters a building/ part without permission

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5
Q

Smith and Jones

A

3) t, includes entering with permission but then going beyond that permission

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6
Q

Mohan

A

direct intention for

  • 9(1)(a) trespassing & planned theft/GBH/damage
  • 9(1)(b) trespassing
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7
Q

Cunningham

A

subjective recklessness for trespassing

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8
Q

Smith, Saunders

A

GBH AR: caused serious harm when

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9
Q

Ivey v Genting Casinos

A

s.2 dishonest test est: knowledge and regard

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10
Q

DPP v Lavender, Raphael, Lloyd

A

s.6 ipd by disposing of/treating the property of their own

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11
Q

Mowatt, Savage, Parmenter

A

gbh mr: int/sr as to causing some harm under s.20 of OAPA

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12
Q

s.1 TA ‘68

A

theft AR: dishonest appropriation of property belonging to another

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13
Q

burglary checklist

A

-def under 9(1)(a)/(b) TA ‘68
-effective entry B, R
-building B&SvL, W
-trespasser C, S&J
*brief theft/GBH AR
-MR, int/sr to trespass M, C
-int for theft/GBH/damage M
*MR for theft (dishonest/IPD) IvGC, DPPvL, R, C OR
MR for GBH M, S, P

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