7928434
Description
Flashcards by Joanne North, updated more than 1 year ago
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Created by Joanne North
over 7 years ago
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| Question | Answer |
| What section defines burglary? | S9(1) Theft Act 1968 |
| What two sections define burglary? | S9(1)(a) S9(1)(b) |
| What does S9(1)(a) state? | Entering a building or part of a building as a trespasser with intent to steal, inflict GBH or do criminal damage. |
| What does S9(1)(b) state? | Having entered a building or part of a building as a trespasser and steals or attempts to steal or inflicts or attempts to inflict GBH. |
| What are the actus reus elements of burglary? | a. Entry b. Of a building or part of a building c. As a trespasser |
| What is the law on entry? | Brown and Ryan states that the defendant must have made an effective entry into a building. |
| What does the Theft Act 1968 state about a building? | States that inhabited places like houseboats or caravans class as a buiding. |
| What are the relevant cases in the actus reus element, building? | B and S v Leathley Norfolk Constabulary v Seekings and Gould |
| What does the case of B and S v Leathley state? | Stated that as the freezer container had doors, locks and was connected to electricity it was held to be a building. |
| What does the case of Norfolk Constabulary v Seeking and Gould state? | Stated that even though the lorry trailer had steps and elecricity it still had wheels so remained a vechicle. |
| What is the law on part of a building? | Covers situations where D may have permission to be in one part of the building but doesn't have permission to be in another part. |
| What are the relevant cases in part of a building? | Walkington |
| What does the case of Walkington state? | There doesn't need to be a physical divide between two parts of the building. |
| What is the relevant cases involved in as a trespasser? | Colllins |
| What does the case of Collins state? | States that if the defendant has permission to enter, they are not a trespasser. Also states that you must prove that defendant knew he was trespassing or was reckless to trespassing. |
| What is the law on going beyond permission? | When the defendant is given permission to enter but then goes beyond that permission, he may be considered as a trespasser. |
| What case supports the law on going beyond their permission? | Smith and Jones |
| What are the two mens rea elemetns of burglary? | S9(1)(a) - intention to commit one of the offences. S9(1)(b) - intention when entering the building. |
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