Burglary AO1 - Knowledge and understanding

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  • Created by: Amy Leech
  • Created on: 24-03-13 15:12

Burglary is an offence under s.9 of the Theft Act 1968:

''a person is guilty of burglary if-

a) he enters building or part of building as a trespasser and with intent to commit theft, GBH or unawful damage;

b) having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person there in any GBH.'''

''Entry' is not defined in the Theft Act 1968. An 'effective and substantial entry' was required in the case of CollinsLeaning in through a window was held to be an 'effective' entry in Brown.The need for an 'effective' entry doesn't appear to be followed in Ryan

A 'building' or 'part of a building' includes inhabited vehicle -s.9(4). The building in question must be intended to be permanent - Stevens v GourleyA 25ft long

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