Burglary
- Created by: Scragg
- Created on: 05-05-16 14:58
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- Burglary
- Entry
- It took 3 cases to refine the definition for this.
- Brown
- Must be effective
- Collins
- Must be effective
- Ryan
- Brown
- It took 3 cases to refine the definition for this.
- Building or part thereof
- Definition given in S9(4) as an "inhabited place"
- Must have some degree of permanence
- B and S v Leafy
- Was a building
- Seekings and Goulds
- Was not a building
- B and S v Leafy
- Can have permission to be in one part of a building but not in another
- Walkington
- As a Tresspasser
- Must have the intention or be reckless as to tresspassing
- R v Collins
- It is possible to go beyond permission
- Smith and Jones
- Must have the intention or be reckless as to tresspassing
- Mens Rea
- S9(1)(a)
- Must have the intent to commit one of three ulterior offences at the time of entry
- S9(1)(b)
- Must have the mens rea for theft or GBH when committing or attempting to commit the AR of one of these offences
- S9(1)(a)
- Entry
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