Burglary Special Study Paper G154 OCR A2 Law 2014

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  • Created on: 16-06-14 14:39
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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 of burglary is spilt into 2 categories ­ Section 9 (1) (a) and
Section 9 (1) (b)
Section 9 (1) (a)
D enters a building/part of a building as a trespasser
He intends to commit theft, CD or GBH before he entered
D doesn't actually have to attempt to do any of these crimes. Rape was
also included up until 2003
Section 9 (1) (b)
D has already entered as a trespasser then forms the intent
Only theft and GBH is included
D has to attempt to commit theft or GBH
The word isn't defined in the Theft Act
Question for the jury is has D entered the building or part of a building.
D saw a girl in a bed, got a ladder, and took his clothes off and climbed in. As he
was on the window sill she beckoned him in. Halfway through sex she realised it
wasn't her boyfriend.
Was a trespasser? Did D know he was a trespasser or was he reckless as to the
COA said he wasn't a trespasser ­ quashed his conviction. He would have been
charged with rape

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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 inside the shop.
Entry must be effective i.e. must be possible to commit the crime.
D was trapped when trying to get through a window into a house at 2.30am.…read more

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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 container with doors and electricity was held to be a
building. A building must have some permanence
Norfolk Constabulary
D entered a lorry trailer with wheels that was used as storage by a shop.…read more

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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?
When is someone a trespasser? In theory all shoplifters enter shops as
trespassers. It is difficult to prove intent at the time of the entry.…read more


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