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Nadine Allen

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

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Nadine Allen

Entry has to be substantial and effective and D must know or be reckless
as to trespassing
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

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Nadine Allen

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)
A 25 foot long freezer…

Page 4

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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?…


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