- Created by: Georgina Wilkinson
- Created on: 11-05-10 18:34
- Type one Burglary is contained under section 9(1) (a) of the Theft Act 1968- the maximum sentence 14 years for a dwelling and 10 years where it is not a dwelling
- Mens Rea;
- Intention to commit burglary before or on entry
- Intention or subjective recklessness to the tresspass
- Mens rea of theft, CD and s20 GBH
- Actus Reus; Entry, Building and Trespassper
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- Entry is not defined in the act but several case have developed the law;
- R v Collins- the defendant was acquitted if burglary as entry has to be effective and substantial- there has to be enough of you in the building to commit the crime intended
- R v brown- the defendant was convicted of burglary and the court said entry had need only be effective
- R v Ryan- the defendant was convicted of burglary and the court said entry doesn't need to be effective or substantial just need proof of entry
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- A building includes a structue of a considerable size and intended to be permanently or to last a reasonable length of time.
- R v Walkington- includes part of a building- went behind counter.
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- If the defendant is invited into the property but commits an act which the owner would not consent to then the defendant can become a trespasser.
- R v Jones and Smith- the defendant was convicted of burglary as her bacame a trespaser as he knew the owner would not consent to his action
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Burglary 9 (1) (b)
- Burglary type 2 is contained under section 9(1) (b) od the Theft Act 1968
- Doesnt have to be any intention to commit burglary on entering the building this can come at a later date.
- The prosecution must prove all elements of theft and section 20 GBH.
- The mens rea is the same as burglary 9(1)(a)
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Section 20 GBH
- Actus reus of Section 20 GBH; Inflicting GBH or wounding,
- the meaning of grevious is illustrated in DPP V smith
- R v Martin and R v Wilson both ilustrate the difference between inflicting and causingfor GBH
- Section 20 GBH includes recklessness whereas section 18 doesnt.
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