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
- Actus reus
- 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
- CI sufficient for burglary provided the indictment is properly worded as intent to steal, not intent to steal certain specific items .
- D enters intending to steal if he can find anything valuable
- conditional intent
- Actus Reus
- 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
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