burglary Flashcards
booklet 17
what act is needed
Theft Act 1968, s.9
what is the definition that Theft Act 1968, s.9 gives for burglary
enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) or having entered any building or part of a building as a trespasser he steals or attempts to steal
what is mentioned in subsection (2)
Theft, Inflicting GBH, Inflicting Criminal Damage
what are subsection 2 offences called
ulterior offences
what are the two types of burglary (sections)
s.9(1)(a)
s.9(1)(b)
actus reus of s.9(1)(a)
Enter
A building or part of a building
As a trespasser
actus reus of s.9(1)(b)
Enter
A building or part of a building
As a trespasser
commit or attempt to commit theft or GBH once inside
mens rea of s.9(1)(a)
intention or recklessness to trespass
intention on entry to commit theft, GBH or criminal damage
mens rea of s.9(1)(b)
intention or recklessness to trespass
mens rea of theft or GBH at point of committing or attempting it
ulterior offences s.9(1)(a)
theft
GBH
Criminal damage
ulterior offences s.9(1)(b)
theft
GBH
actus reus: enter case
R v Brown 1985
(d smashed the window of Argos and leant in to take items. Even though only his arms had entered, thus was an effective entry as it allowed him to take things)
what does r v brown suggest
that even if your whole body doesn’t enter the building you have still entered as in that case his arm was still able to take things meaning it was a burglary
Building or Part of a Building case definition (name the case)
Stevens v Gourley 1859
what cases help define the meaning
r v coleman 2013
r v rodmell 1994
b&s v leathey 1979
norfolk v seekings & gould 1986
