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5 Cards in this Set
- Front
- Back
Definition |
S.9(1)(a) Theft Act 1968: enter a building or part of a building as a trespasser with intention to commit theft, GBH or unlawful damage. |
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Entry |
Ryan: the jury decide whether entry is effective. Collins: had to be effective and substantial Brown: had to be effective |
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Building |
Not defined - must be some degree of permanence. Stevens v Gourley: A structure of considerable size designed to be permanent or at least endure. S.9(4): includes inhabited vehicles/vessels Walkington: includes part of a building where D has permission to enter a building but enters part of the building he does not have permission to. |
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Trespass |
Means to enter property without permission or legal right. Collins: if D had permission he is not a trespasser If D exceeds his permission he becomes a trespasser Smith & Jones: Ds became trespassers when they committed theft. |
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Mens rea |
Knowingly or recklessly trespassing and the intention to commit one of the offences. AGs Ref 1 & 2 1979: can be specific or vague intention. |