Pages in this set

Page 1

Preview of page 1
Nadine Allen



Burglary
Section 9 Theft Act 1968
D enters a building a part of one as a trespasser with intent to steal, inflict GBH
or do unlawful damage
Sentence ­ 14 years for a dwelling e.g. where someone lives and 10 years for a
non-dwelling e.g. college


The offence…

Page 2

Preview of page 2
Nadine Allen



Entry has to be substantial and effective and D must know or be reckless
as to trespassing
Brown
D was standing on the ground outside but leaning in through a shop window
rummaging through goods. His feet and lower part of his body were outside
and the rest…

Page 3

Preview of page 3
Nadine Allen



Building
The meaning of the word building has caused problems for the courts
Section 9 (4) says it includes houseboats and inhabited vehicles
Stevens and Gourley
A building is a structure of considerable size and of some presence. (This
doesn't really help)
Leathley
A 25 foot long freezer…

Page 4

Preview of page 4
Nadine Allen



Issues as to what a building/part of a building is. Leathly freezer
container was a building but in Norfolk Constab the lorry trailer wasn't
yet they were both used as storage
Must establish if the building is a dwelling or not. What are mobile
homes/holiday homes classed as?…

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »