Joanne North
Flashcards by , created over 2 years ago

AQA 2016

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Joanne North
Created by Joanne North over 2 years ago
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Question Answer
What section defines burglary? S9(1) Theft Act 1968
What two sections define burglary? S9(1)(a) S9(1)(b)
What does S9(1)(a) state? Entering a building or part of a building as a trespasser with intent to steal, inflict GBH or do criminal damage.
What does S9(1)(b) state? Having entered a building or part of a building as a trespasser and steals or attempts to steal or inflicts or attempts to inflict GBH.
What are the actus reus elements of burglary? a. Entry b. Of a building or part of a building c. As a trespasser
What is the law on entry? Brown and Ryan states that the defendant must have made an effective entry into a building.
What does the Theft Act 1968 state about a building? States that inhabited places like houseboats or caravans class as a buiding.
What are the relevant cases in the actus reus element, building? B and S v Leathley Norfolk Constabulary v Seekings and Gould
What does the case of B and S v Leathley state? Stated that as the freezer container had doors, locks and was connected to electricity it was held to be a building.
What does the case of Norfolk Constabulary v Seeking and Gould state? Stated that even though the lorry trailer had steps and elecricity it still had wheels so remained a vechicle.
What is the law on part of a building? Covers situations where D may have permission to be in one part of the building but doesn't have permission to be in another part.
What are the relevant cases in part of a building? Walkington
What does the case of Walkington state? There doesn't need to be a physical divide between two parts of the building.
What is the relevant cases involved in as a trespasser? Colllins
What does the case of Collins state? States that if the defendant has permission to enter, they are not a trespasser. Also states that you must prove that defendant knew he was trespassing or was reckless to trespassing.
What is the law on going beyond permission? When the defendant is given permission to enter but then goes beyond that permission, he may be considered as a trespasser.
What case supports the law on going beyond their permission? Smith and Jones
What are the two mens rea elemetns of burglary? S9(1)(a) - intention to commit one of the offences. S9(1)(b) - intention when entering the building.