Burglary AO1 Quiz 3.0 / 5 based on 1 rating ? LawCriminal lawA2/A-levelOCR Created by: Amy LeechCreated on: 24-03-13 15:34 Burglary is an offence under s.9 of the Theft Act 1968 1 of 14 A person is guilty of burglary under s.9 (1) (a) Enters a building or part of building as a trespasser with intent to steal, cause GBH or do unlawful damage 2 of 14 A person is guilty of burglary under s.9 (1) (b) Having entered a building or part of a building as a trespasser steals, or attempts to steal or inflicts or attempts to inflict GBH 3 of 14 The case Collins decided an 'effective and substantial entry' was required 4 of 14 The case Brown decided an 'effective' entry was required 5 of 14 The case of Ryan held there was no need for an 'effective' entry 6 of 14 The case where it was held a 25ft long freezer was a building was B and S Leathley 7 of 14 The case where a lorry trailer was held not to be a building was Norfolk v Seeking 8 of 14 In the Walkington it was held that A shopper has permission to be in one part of a shop but not in other parts 9 of 14 A person who has permission to enter is not a trespasser 10 of 14 If a person is given permission to enter this means that if he goes beyond this permission he is trepassing 11 of 14 A case demonstrating that the D goes beyond permission granted he is a trespasser is Smith and Jones 12 of 14 The mens rea of s.9(1)(a) is an intention to commit a crime at the time of the entry 13 of 14 The mens rea of s.9(1)(b) is an intention to commit or attempt to commit an offence once entered 14 of 14
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