Burlgary (S.9 Theft Act 1968)

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Burglary (S.9 Theft Act 1968)

Burglary is deifned in S.9 Theft Act.
-s.9 (1) (a)
"enters a building, or part of a building as a trespasser, with intent to steal, commit GBH or do criminal damage"

-S.9 (1) (b)
"enters a building or part of a building as a trespasser, and steals or inflicts GBH"
HAVE TO HAVE COMMITTED THE OFFENCE.

 

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Actus Reus and Mens Rea

Actus reus of burglary
-Entry
-As a trespasser
-A building or part of a building

Mens Rea of burglary
-Knowing you are a trespasser
-or being reckless as to whether you are a trespasser.

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Entry

Entry

Was 'effective and substantial' (Collins) but Brown changed it to just ''effective''
and Ryan said doesnt mean D has to be in position to committ ulterior offence.

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Building or part of a building

-Must be some permanance to building
(Stevens V Gourley) 

- Inhabited vehicle or vessel
(S9(4)). 

- Wheels = not building
~(Norfolk Constabulary V Seekings and Gould)

- can be entry to only part of building
(Walkington)

 

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As a trespasser

Permission to enter = not a trespasser (Collins)

Going beyond permission given = trespasser (Smith and Jones)

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Know you are trespasser/reckless to being trespass

9(1)a) - Know or be reckless as to whether you are a trespasser. 
             Have intention at point of entry to committ theft,
             GBH or criminal damage. 

             Includes situations in which D enters with intention to steal                    anything worth stealing.

9(2)b) - Know or be reckless as to whether you are as trespasser. 
             Mens rea for theft or GBH at point of committing the offences.

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