trespass Flashcards
what does trespass mean
being on someone else’s property without authority
Under civil law what is trespass
a tort however, there is a higher level of MR needed in burglary
What must the trespass be
intentional or cunningham reckless
If the decision to steal only appears to be subsequent to the entry can it be a burglary
no because d did not enter as a trespasser i.e invited into someones home
What is the situation where D gains entry through deception or fraud
he is a trespasser because the is no genuine permission to enter
The shopper who enters the supermarket intending to steal is a burglar under which case
R V Smith and jones (D had left home but had permission to go back at will, he went back and stole TVS)
What is D has permission to enter can he be a trespasser
yes as in R V smith and jones
If he has authority to tenter for a particular purpose and hoes beyond entering for that particular purpose
In the CA the judge stated in the R V smith that a trespasser is
if he enters premises of another knowing that he is entering in excess of the permission that he has been given to him to enter
In beyond permission situations what must D intend
to exceed the terms of consent or at least be reckless at the time of enemy for both types of burglary
Which case followed R V smith
Barker V R
Case of Barker V R
had a key to neighbours house which he then used to steal, the decision to steal appears to be subsequent to entry, therefore not burglary since he did not enter as a trespasser
