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5 Cards in this Set
- Front
- Back
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Definition |
S.9(1)(b) Theft Act 1968: enter a building or part of a building as a trespasser and commit/attempt theft or GBH |
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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/vesselsWalkington: 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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Entry |
Ryan: the jury decide whether entry is effective.Collins: had to be effective and substantialBrown: had to be effective |
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Trespass |
Means to enter property without permission or legal right.Collins: if D had permission he is not a trespasserIf D exceeds his permission he becomes a trespasserSmith & Jones: Ds became trespassers when they committed theft. |
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Mens rea |
Knowingly or recklessly trespassing and the mens rea for the offence committed. |
