Burglary

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  • Created by: yiana
  • Created on: 09-04-14 21:32
What section of what act is burglary defined?
Section 9 1 A and B of the Theft Act 1968
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Define Burglary under section 9 1a of the Theft act?
A person enters a building or part of a building as a trespasser. With intent to steal, inflict grievous bodily harm or do unlawful damage.
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Define Burglary under section 9 1 b of the Theft act?
Having entered a building or part of a building as a trespasser, steals or attempts to stea, or inflicts or attempts to inflict grievous bodily harm.
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The Actus Reus for Burglary is?
Entry of a building or part of a building as a trespasser.
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Initially it was held that entry had to be both effective and substantial. What case illustrates this point?
Collins 1972- C climbed ladder naked and perched on windowsill before entering and having sex with girl. CA quashed burglary saying entry had to be effective and substantial.
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Give the factual and legal point of the case of Brown 1985?
Brown leaned through shop window to reach goods inside. CA upheld burglary saying entry had been effective.
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Give the factual and legal point of the case of Ryan 1996?
R got stuck trying to break into house in middle of night with head and one arm inside building. CA upheld burglary although entry ineffective. The entire body does not have to be inside the building.
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There is no definition of building or part of a building in the Theft Act. Describe what is considered under this for the offence of burglary?
Houses, flats, offices, factories, school, churches etc houseboats and caravans are included even outbuildings and sheds.
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The case of B and S v Leathley 1979 decided what?
That a 25 foot long freezer container resting on sleepers in farmyard for 2 years with lockable doors and electricity was held to be a building.
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The case of Norfolk Constabulary v Seekings and Gould 1986 decided what?
Lorry trailer with wheels used for storage for over a year with access steps and electricity was not a building as it had wheels.
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What does 'part of a building' mean?
Part of a building applies to situations where the D may have permission to enter the building, but does not have permission to enter a specific part.
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Give a case illustrating part of a building?
Walkington 1979- W opened till inside area of shop surrounded by three sided counter. Burglary upheld under s91a as w was a trespasser who entered intending to steal.
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In order for burglary to be committed, the defendant must enter as a trespasser. How did the case of Collins illustrate this?
Quashed burglary conviction as D was not a trespasser as the girl invited him into the building and consented to having sex with him. He was not a trespasser.
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Exaplain what is meant by going beyond permission, and give a case example of this?
Where the defendant is given permission to enter but then goes beyond that permission, he may be considered a trespasser. Case - Smith and Jones 1976 Both D's took 2 television sets from home of S's father, who said they had a general right to enter.
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What is the mens rea for burglary?
Intention or subjective recklessness to entering as a trespasser and for s91a-the intention to commit ulterior offence at time of entry and s91b mens rea for theft or GBH when committing or attempting AR of one of these offences.
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Problems in the law on burglary?
-Intention for s91a and 91b anomalies- Protection of property over people, damage to property need only be slight, but to people it must be GBH
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Other cards in this set

Card 2

Front

Define Burglary under section 9 1a of the Theft act?

Back

A person enters a building or part of a building as a trespasser. With intent to steal, inflict grievous bodily harm or do unlawful damage.

Card 3

Front

Define Burglary under section 9 1 b of the Theft act?

Back

Preview of the front of card 3

Card 4

Front

The Actus Reus for Burglary is?

Back

Preview of the front of card 4

Card 5

Front

Initially it was held that entry had to be both effective and substantial. What case illustrates this point?

Back

Preview of the front of card 5
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