Mapa mental
Burglary - s.9 (1) THEFT ACT 1968
Contenido del mapa
Burglary - s.9 (1) THEFT ACT 1968
s.9 (1) (a)
- Enter a building or part of a building as a trespasser with intent to:
- Steal
- Inflict GBH
- Do unlawful damage to the building or anything in it
- Enter a building or part of a building as a trespasser with intent to:
s.9 (1) (b)
- Having entered a building or part of a building as a trespasser
- D steals
- D inflicts GBH
- Having entered a building or part of a building as a trespasser
Actus reus
- Common actus reus elements
- Entry
- Question of fact for the jury to decide: RYAN
- Building or part of a building
- Must enter a building or part of a building: STEVENS v GOURLEY
- Vehicles can also be burgled: s.9 (4).
- Large storage containers are buildings when they have no wheels: B AND S v LEATHLEY
- But not when the wheels are still attached: NORFOLK CONSTABULARY v SEEKINGS AND GOULD
- Question for the jury to decide in each case
- Trespasser
- D voluntarily enters without the permission of the occupier.
- If he has permission to enter one part of the building and then enters another, he is trespassing.
- If he has been banned from the building, he is a trespasser when he enters
- Where D gains entry by fraud, there is no genuine permission to enter so D is trespassing
- Entry
- s.9 (1) (b)
- Must also commit the actus reus of theft or commit GBH
- Common actus reus elements
Mens rea
- s.9 (1) (a)
- Intent to:
- steal
- Inflict GBH
- Do criminal damage to the building or anything in it
- Mens rea must be present at the time of entry, need not actually commit one of the ulterior offences
- Intent to:
- s.9 (1) (b)
- Mens rea is that of the ulterior offences
- MR of theft
- Dishonesty
- Intention to permanently deprive
- MR of GBH
- Intention that V might suffer some harm: MOWATT
- MR of theft
- Mens rea must be present at the time of committing the actus reus of the relevant ulterior offence.
- Mens rea is that of the ulterior offences
- For BOTH D must know or be reckless as to whether he was trespassing: COLLINS
- D may have permission to enter a building but is still a trespasser if he knowingly or recklesslessly goes beyond that permission when he enters: JONES AND SMITH
- s.9 (1) (a)
Información
- Descripción
- A2 (Offences Against Property ) Law Mapa Mental sobre Burglary - s.9 (1) THEFT ACT 1968, creado por Lucy Nove el 07/02/2017.
- Creado por
- Lucy Nove
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