Burglary

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  • Created by: _laurenb
  • Created on: 28-03-16 22:19

'Entry...

COLLINS

  • established entry must be 'effective and substantial'

BROWN

  • established entry must be 'effective'

RYAN

  • D tried to steal from a house but got stuck in the window
  • the fire brigade had to be called for his release
  • this was clearly not an effective entry - he couldn't steal anything!
  • yet he was still convicted
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'...into a building or part of a building'

B & S V LEATHLEY

  • a freezer cabinet was held to be a building as it was connected to eleccy and had doors with locks

N.C V SEEKINGS AND GOULD

  • a trailer was not held to be a building as it had wheels

WALKINGTON

  • D went behind the counter of a shop and opened the till
  • behind the counter was held to be a building as it was not permissable for customers to be there!
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'...as a trespasser'

COLLINS

  • V invited D into her house believing he was her boyfriend
  • D could not be classed as a trespasser as he did not know he was a trespasser, according to the courts
  • this was because he was given permission to enter

SMITH & JONES

  • D went into his father's house which he had been given permission to enter
  • he took TV sets from there without informing his father
  • it was held that V was guilty of buglary as he had excessed the permission given to him and knowingly did so (this could also be done recklessly)
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