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16 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Act and Sections |
The Theft Act 1968 s9(1)(a) and s9(1)(b) |
There's 2 |
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Definition of 9(1)(a) |
If they enter a building or part of a building as a trespasser with the intent to steal, inflict GBH or cause criminal damage |
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Definition of 9(1)(b) |
Having entered a building or part of a building as a trespasser they steal or attempt to steal or inflict GBH or attempt to inflict GBH |
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Max Sentence |
14 years for dwellings and 10 for non-dwellings |
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Ryan |
Simply enough to be a trespasser. Only part of the body needs to be inside and the D doesn't need to be in a position to steal |
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Legal Definition of "building" |
There isn't one |
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Stevens & Gourley |
A structure of considerable size intended to be permanent and endure for considerable time |
Definition of a building |
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Leathley |
A large storage container is a building if it's on sleepers |
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Seekings and Gould |
A large storage container isn't a building if it's on wheels |
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Walkington |
A part of a building covers situations where the D may have permission to enter a part of a building but not another part |
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Collins |
The D must trespass |
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Types of permission |
Express or implied |
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Smith v Jones |
The D will be a trespasser if they don't have permission to enter a building and they can also exceed permission by doing something they weren't invited to do in another part of a building |
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MR of burglary |
D must knowingly be a trespasser or be reckless as to the trespass. The D must also enter intending to commit an ulterior offence 9(1)(a) or must commit or attempt GBH or theft 9(1)(b) |
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Specific MR 9(1)(a) |
Must intend to commit either theft, GBH or criminal damage when entering a building and the D can have conditional attempt where they enter with the intent to steal but find nothing worth stealing |
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Specific MR 9(1)(b) |
Must have the MR for either theft or GBH and form it after they enter the building. Attempting GBH or Theft is sufficient |
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