Burglary AO1 Quiz

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  • Created by: Amy Leech
  • Created on: 24-03-13 15:34
Burglary is an offence under
s.9 of the Theft Act 1968
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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
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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
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The case Collins decided
an 'effective and substantial entry' was required
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The case Brown decided
an 'effective' entry was required
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The case of Ryan held
there was no need for an 'effective' entry
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The case where it was held a 25ft long freezer was a building was
B and S Leathley
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The case where a lorry trailer was held not to be a building was
Norfolk v Seeking
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In the Walkington it was held that
A shopper has permission to be in one part of a shop but not in other parts
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A person who has permission to enter is
not a trespasser
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If a person is given permission to enter this means that
if he goes beyond this permission he is trepassing
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A case demonstrating that the D goes beyond permission granted he is a trespasser is
Smith and Jones
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The mens rea of s.9(1)(a) is
an intention to commit a crime at the time of the entry
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The mens rea of s.9(1)(b) is
an intention to commit or attempt to commit an offence once entered
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Other cards in this set

Card 2

Front

A person is guilty of burglary under s.9 (1) (a)

Back

Enters a building or part of building as a trespasser with intent to steal, cause GBH or do unlawful damage

Card 3

Front

A person is guilty of burglary under s.9 (1) (b)

Back

Preview of the front of card 3

Card 4

Front

The case Collins decided

Back

Preview of the front of card 4

Card 5

Front

The case Brown decided

Back

Preview of the front of card 5
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