AQA A2 Law Unit 4 - Burglary

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  • Created by: Amy
  • Created on: 29-04-14 19:27

Burglary Actus Reus + Mens Rea S9 (1) (A)

Actus Reus

  • Enters 
  • A building or part of 
  • As a trespasser

Mens Rea

  • Knowledge or recklessness as to his entering as a trespasser 
  • With the intent to commit theft, GBH, or damage to the building or contents

Enters - Collins - Able to commit crime = enter

Enters - Brown - Substantial entry was clearly effective

Enters - Ryan - Not effective, but could have still entered

Building - Walkington - Part of the building = burglary

Trespasser - Jones & Smith - Exceeded permission given - selling = burglary

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Burglary Actus Reus + Mens Rea S9 (1) (b)

Actus Reus 

  • Enters
  • A building or part of
  • As a trespasser

Mens Rea

  • Knowledge or Recklessness as to his entering as a trespasser
  • MR for theft or GBH or attempted theft/GBH therein 
  • Enters - Collins 
  • Enters - Ryan 
  • Enters - Brown

Building - Walkington

Trespasser - Jones & Smith 

Recklessness - Cunningham - Was foreseeable, but defendant did not see it

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