Property Offences - Burglary Flashcards

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1
Q

How many types of burglary are there?

A

2

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2
Q

Defines Burglary with ulterior intent, s9 (1) (a)

A

D enters a building or part of it as a trespasser with intention of:
Stealing
Inflicting GBH
Do unlawful damage

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3
Q

Define burglary without ulterior intent, s9 (1) (b)

A

Having entered a building or part of a building as a trespasser D:
Steals or attempts to steal
Inflicts or attempts to inflict GBH

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4
Q

What are the three common elements to burglary?

A

Entry
Trespasser
Building/ Part of

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5
Q

What did the court say about entry?

A

The court said an entry had to be effective and substantial and that D could be convicted if the jury found evidence of entry.

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6
Q

What is the definition of trespass?

A

D must know or be subjectively reckless that he is trespassing.

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7
Q

How else are you considered a trespasser?

A

If you go beyond the permission you have been granted.

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8
Q

What des s.9 (4) state, with regards to building or part of?

A

Buildings include:

  • a building which is a welling
  • also an inhabited vehicle
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9
Q

Why is Ryan significant?

(Entry)

A

If evidence of entry, the question must be left to the jury to decide.

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10
Q

Why is Collins significant?

(Trespasser)

A

D must know or think he is a trespasser.

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11
Q

Why is Jones & Smith significant?

(Trespasser)

A

D may have consented to enter but will still be a trespasser if he exceeds the consent, i.e. enters a restricted part of the building.

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12
Q

What happened in Leatherly?

(Building/Part of)

A

The storage container was classed as a building as it had some degree of permanence.

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13
Q

What was the case of Gould?

(Building/Part of)

A

The storage container was on wheels, so was not a building.

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14
Q

What is the actus reus for burglary?

A

Entry
Building/Part of
Trespasser

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15
Q

What is the mens rea for burglary?

A

D must know they are a trespasser.

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