Slides in this set

Slide 1

Preview of page 1

Burglary
It is in a building or part of a building…read more

Slide 2

Preview of page 2

Definition
· Covered by section 9 of the Theft Act 1968
· 2 main types of offence.
A person is guilty of burglary s9 1(a) if:
· He enters any building or part of a building as a
trespasser with the intent to commit any such
offence as stealing anything in the building,
inflicting any grievous bodily harm or any unlawful
damage to the building.…read more

Slide 3

Preview of page 3

Definition
s.9(1)b
Having entered a building or part of a building
as a trespasser and steals or attempts to
steal anything or inflicts or attempts to inflict
any person with grievous bodily harm.…read more

Slide 4

Preview of page 4

Section 9(1)A & (B): Actus Reus
· Three main elements to the actus reus
1. Trespass
2. Entry
3. Building and part of a building
In addition for 9(1)(B)
1. D must attempt to, or actually carry out.
theft or GBH…read more

Slide 5

Preview of page 5

Collins (1972)
· The girl then wakes up, and in her semi
conscious state mistakes Collins for her
boyfriend.
· She invites him in and consents to sex. Only
afterwards does she realise her mistake!
· Collins was acquitted on the basis that he had
permission to be in the building when he
entered.…read more

Slide 6

Preview of page 6

Collins (1972)
The court summed up as follows:
"In the judgment of this court there cannot be a
conviction for entering premises `as a
trespasser' within the meaning of section 9 of
the Theft Act unless the person entering does
so knowing that he is a trespasser and
nevertheless deliberately enters, or, at the
very least, is reckless as to whether or not he
is entering the premises of another without
the other party's consent."…read more

Slide 7

Preview of page 7
Preview of page 7

Slide 8

Preview of page 8
Preview of page 8

Slide 9

Preview of page 9
Preview of page 9

Slide 10

Preview of page 10
Preview of page 10

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »