Case Law Burglary 3.0 / 5 based on 1 rating ? LawCriminal lawA2/A-levelAQA Created by: A FrancisCreated on: 18-03-13 20:12 Section 9(1)(a) Theft Act 1968 (Burglary) Enters a building or part of a building as a trespasser; With the intent to: Steal, Inflict Grievous Bodily Harm, Do Unlawful Damage 1 of 11 Section 9(1)(b) Theft Act 1968 (Burglary) Having entered a building or part of a building as a trespasser; Steals or attempts to steal; or Inflicts or attempts to inflict Grievous Bodily Harm 2 of 11 Collins The D has to have made 'an effective and substantial entry' 3 of 11 Brown The D is only required to make an 'effective entry' 4 of 11 Ryan There need only be proof of entry, the entry does not have to be effective to commit the ulterior offence 5 of 11 Stevens and Gourley The building in question must be intended to be permanent 6 of 11 B and S v Leathley A trailer with its wheels removed resting on sleepers was held to be a building as it had permanence 7 of 11 Norfolk v Seekings and Gould Was held that the trailer had no permanence as it had wheels, therefore it was not a building 8 of 11 Walkington D can be a trespasser in part of a building, even though he has permission to be in the rest of the building 9 of 11 Collins If a person has permission to enter they are not a trespasser 10 of 11 Smith and Jones Even if a person is given permission to enter, if he goes beyond that permission he is trespassing 11 of 11
Comments
No comments have yet been made