Offences against property - Burglary 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: mariehemmoCreated on: 05-05-16 15:46 What is the act and section number for theft? Theft Act 1968 s9 1 of 15 What is the actus reus for s 9 1 (a) entering a building a a trespasser with the intent to steal, or inflict GBH or to do unlawful damage 2 of 15 What is the actus reus for s 9 1 (b) Having entered a building or part of a building, he steals (or attempts to) or inflicts GBH (or attempts to) 3 of 15 How is entry defined? There's no statutory definition - question of fact for jury to decide R v Ryan - sufficient that there is evidence of entry - need not be effective 4 of 15 What are the general characteristics for building/part of a building reasonable permanence, includes outbuildings and not necessarily inhabited 5 of 15 What did Stevens v Gourley say? Building must be permanenet or intend to endure for some time 6 of 15 Is a lorry trailer with wheels a building? No - Seekings 7 of 15 What is part of a building? Where D permitted to be in 1 part of a building but not elsewhere (R v Walkington) 8 of 15 When is D a tresspasser? where D knows he is a trespasser os is subjectively reckless as to whether he is trespassing (R v Collins) 9 of 15 What did R v Smith and Jones say? D may be a trespasser where he goes beyond permission to be in the building 10 of 15 Where D is charged under s 9 (1) (b), what must P prove? P must prove the actus reus of theft or inflicting GBH 11 of 15 What is the mens rea for s 9 1 (a)? D knew he was a tresppasser or was subjectiely reckless (R v Collins) 12 of 15 What is the mens rea for just s 9 1 (a)? Intent to commit ulterior offence (steal, inflict GBH, do unlwful damage) 13 of 15 What is the mens rea for just s 9 1 (b)? Mens rea of ulterior offence - theft (attempted) or infliction of gbh (attempted)- intention 14 of 15 What is conditional intention? Where D enters (part of a building) as a trespasser intending to steal anything he finds worth taking 15 of 15
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