Offences against property - Burglary

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What is the act and section number for theft?
Theft Act 1968 s9
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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
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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)
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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
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What are the general characteristics for building/part of a building
reasonable permanence, includes outbuildings and not necessarily inhabited
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What did Stevens v Gourley say?
Building must be permanenet or intend to endure for some time
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Is a lorry trailer with wheels a building?
No - Seekings
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What is part of a building?
Where D permitted to be in 1 part of a building but not elsewhere (R v Walkington)
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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)
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What did R v Smith and Jones say?
D may be a trespasser where he goes beyond permission to be in the building
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Where D is charged under s 9 (1) (b), what must P prove?
P must prove the actus reus of theft or inflicting GBH
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What is the mens rea for s 9 1 (a)?
D knew he was a tresppasser or was subjectiely reckless (R v Collins)
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What is the mens rea for just s 9 1 (a)?
Intent to commit ulterior offence (steal, inflict GBH, do unlwful damage)
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What is the mens rea for just s 9 1 (b)?
Mens rea of ulterior offence - theft (attempted) or infliction of gbh (attempted)- intention
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What is conditional intention?
Where D enters (part of a building) as a trespasser intending to steal anything he finds worth taking
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Card 2

Front

What is the actus reus for s 9 1 (a)

Back

entering a building a a trespasser with the intent to steal, or inflict GBH or to do unlawful damage

Card 3

Front

What is the actus reus for s 9 1 (b)

Back

Preview of the front of card 3

Card 4

Front

How is entry defined?

Back

Preview of the front of card 4

Card 5

Front

What are the general characteristics for building/part of a building

Back

Preview of the front of card 5
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