Burglary

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  • Created by: lar.hos
  • Created on: 06-06-18 23:18
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  • Burglary
    • INTRO: S9 Burglary under Theft Act 1968, 'Beyond all reasonable doubt' (Woolmington)
    • ACTUS REUS
      • Unlawful Act
        • Act (Hill v Baxter) or Omission (Pittwood)
          • Entering someone's property as a trespasser (Collins/ Walkington)
    • MENS REA
      • Guilty Mind
        • Intention or Recklessness
          • S9(1a)= Before entering as a trespasser had an ULTERIOR MOTIVE
          • S9(1b)= Attempted to commit theft/GBH
            • Intended to commit Theft/GBH (Nedrick/ Woolin/ Collins/ Ryan)
              • S9(1a)= Before entering as a trespasser had an ULTERIOR MOTIVE
    • CONC: Domestic property= max 14 years Commercial property= max 10 years
    • R v Collins
      • Climbed through window naked (Red Socks only), V thought it was her boyfriend, had sex then realised it wasn't
        • D charged with S9(1a) Burglary with intent of ****
          • Not guilty as she invited him in, so wasn't a trespasser
    • R v Walkington
      • D went to the counter and opened the till
        • Guilty of Burglary as behind the counter is not open to everyone, it is a separate 'part of a building'.
    • R v Ryan
      • Burgled a house but got trapped so only his head/right arm were in the house.
        • Guilty of Burglary as he is still a trespasser
          • 'ENTRY OCCURRED'- even if it was part of the body.

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