Section 9(1)(a) And 9(1)(b) Cases

Question 1

Effective entry

Answer 1

BROWN, RYAN

Question 2

Building requires permanence

Answer 2

B and S LEATHLEY

Question 3

Can just be part of a building

Answer 3

WALKINGTON

Question 4

S.9 .. includes inhabited vehicles or vessels eg. Caravans and Houseboats

Answer 4

S.9(4)

Question 5

Storage unit with wheels was not a building

Answer 5

SEEKINGS and GOULD

Question 6

Described a building as “A structure of considerable size and intended to endure a considerable time”

Answer 6

STEVENS v GOURLEY

Question 7

Trespasser is someone who enters a building without permission

Answer 7

COLLINS

Question 8

Trespasser includes entering with permission but then going beyond that permission

Answer 8

SMITH and JONES

Question 9

9(1)(b): If attempted GBH / GBH: D caused V serious harm

Answer 9

SMITH, SAUNDERS

Question 10

9(1)(a): If relevant: Conditional content is enough

Answer 10

AGs Ref Nos 1 and 2 of 1979

Question 11

Direct intention, deciding to bring about a particular consequence to enter V’s house as a trespasser as he deliberately…

Answer 11

MOHAN

Question 12

Subjective recklessness, foresaw a risk and carried on regardless and was not sure if they were allowed in but entered anyway

Answer 12

CUNNINGHAM

Question 13

9(1)(a): deciding to bring about particular consequence at point of entry to commit theft as…

Answer 13

MOHAN

Question 14

9(1)(b): If theft / attempted theft: 2 stage dishonest test established in … recently confirmed in …

Answer 14

IVEY v GENTING CASINOS, BARTON and BOOTH

Question 15

9(1)(b): If theft / attempted theft: Section … intention to permanently deprive by disposing of or treating the property as his own

Answer 15

Section 6. DPP v LAVENDER, RAPHAEL, LLOYD

Question 16

9(1)(b): If GBH / attempted GBH: direct intention or subjective recklessness as to causing some harm … as defined under Section … of the …

Answer 16

MOWATT, SAVAGE, PARMENTER. Section 20 OAPA