burglary

  • Created by: annie876
  • Created on: 22-02-19 12:28
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  • s9 Theft Act 1969 - Burglary
    • s9(1)a- A person guilty if - he enters any part of a building or building as a trespasser and with intent to commit - GBH, criminal damage/ Theft
      • Actus reus
        • Entry - (must enter property defined in Collins - thought let BF in)
        • Building - (A place that is occupied and has some degree of permanence & part of a building) Valkington
        • Trespasser- being on anothers property without permission - expressed or implied, must be genuine, Collins - not a trespasser as invited inside
        • Going beyond permission - permission to enter for one purpose nut enters fpr another  trespasser - Smith V Jones - father TV sets
      • Mens rea
        • Intention/ Recklessness as to trespass- D must know/ suspect he is trespassing
        • intention to commit and ulteroir offence - theft, GBH, criminal damage
    • S9(1)b - a person id guilty of having entered any building/ part of a building as a trespasser he steal/ attempts to steal anything in the building/ part of it/ inflicts / attempts to inflict on any person - any GBH
      • Actus Reus
        • D enters part of a building as a trespasser
        • plus D commits an ulterior offence 2 only - Theft or GBH - or both
        • Mens rea
          • conditional intent
            • D enters intending to steal if he can find anything valuable
              • this is not enough for theft may be enough for burglary- if D breaks into a house intending to steal if they find anything of value/ commit GBH this intention may be enough for Burglary
            • A-G REF 1&2
              • CI sufficient for burglary provided the indictment is properly worded as intent to steal, not intent to steal certain specific items .
                • D1 caught inside house, D2 caught outside tampering with windows - admitted planned to steal what was lying around- D1 guilty - D2 guilty of attempted burgulary

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