Burglary

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  • Created by: 10dhall
  • Created on: 03-06-17 21:00
Where is the definition set out?
S9 of the Theft Act 1968
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What is the definition of burglry under S9(1)(a)?
If he enters a building as a trespasser with intent to steal anything in the building, inflict GBH on anyone in the building or do unlawful damage to the building or anything in it
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What is the definition of theft burglary S9(1)(b)?
Having entered a building a trespasser D steals/attempt to steal anything in hate building or inflicts or attempts to inflict GBH on anyone in the building
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What is the difference between the two definitions?
S91a requires intention to be present at the time of entry whereas s91b; intention can come later on
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What is the issue with the two definitions?
The two offences overlap
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What is the leading case on entry as a trespasser?
R v Collins - went into a young woman's house and had sex with her although she thought it was her boyfriend, charged with burglary as she did not consent
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What is a case example on a shop?
R v Brown - smashed a window in Argos and had half of his body leaning in stole goods
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What is another case on a shop, similar to Brown?
R v Ryan - the D was found stuck half in and half out of an old m
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What case laid down the definition of a building?
Stevens v Gourley - was not an actual building, was a structure of wood, but just upon the surface
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What is another case concerning a till?
R v Walkington - went behind a counter and opened a till draw, empty so shut it. Guilty of burglary
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What is a case example on exceeding consent/permission to be in a building?
Jones and Smith - had permission to enter his fathers house but entered with an accomplice to steal a TV - guilty of burglary because he exceeded the permission
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What happened in a case concerning meat and what counts as a building?
B v Leathley - D's stole meat from a freezer contained in a farmyard, but was held to amount to a building; therefore guilty
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Can intoxication be relevant within this offence?
Yes because it contains a mix of specific and basic offences
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What case shows there is no need for the D to show intention to use the weapon? / case of aggravated burglary?
R v Stones - was caught by police committing a burglary and had a knife on him, although claimed he wanted to use it only for protection against boys who were after him
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Where is aggravated burglary defined?
S10 of the Theft Act 1978
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What is aggravated burglary?
When someone commits a burglary with a weapon on them / uses a weapon
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Other cards in this set

Card 2

Front

What is the definition of burglry under S9(1)(a)?

Back

If he enters a building as a trespasser with intent to steal anything in the building, inflict GBH on anyone in the building or do unlawful damage to the building or anything in it

Card 3

Front

What is the definition of theft burglary S9(1)(b)?

Back

Preview of the front of card 3

Card 4

Front

What is the difference between the two definitions?

Back

Preview of the front of card 4

Card 5

Front

What is the issue with the two definitions?

Back

Preview of the front of card 5
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