Burglary Flashcards

1
Q

Which statutes deal with Burglary

A

s9(1)(a) Theft Act 1968

Intent to commit

s9(1)(b) Theft Act 1968

Steals or attempts to steal with GBH

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2
Q

Actus Reus of s9(1)(a) Theft Act 1968

A

D entered

A building or part of a building

As a trespasser

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3
Q

Mens rea of s9(1)(a) Theft Act 1968

A

Knowing or being reckless that D is a trespasser

Knowing or being reckless the structure was a building

Intent to steal, inflict GBH or cause criminal damage

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4
Q

Difference in s9(1)(b) Theft Act 1968

A

Does not need intent

Enters property and then goes on to inflict theft and GBH on person inside

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5
Q

Statute which deals with aggravated Burglary

A

s10(1) Theft Act 1968

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6
Q

Name two cased of aggravated Burglary

A

Kelly [1993]

Screwdriver became weapon

Wiggins [2012]

Weapon outside building

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