8776525
Description
Flashcards by Yasmine King, updated more than 1 year ago
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Created by Yasmine King
about 7 years ago
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| Question | Answer |
| R v Ryan (case facts) | D burgled a house but got trapped by his neck. Only his head and right arm were inside a window. Not in a position to steal |
| R v Ryan (Legal Principle) | 'Entry' is a question of fact for the jury to decide on a case by case basis |
| B and S v Leathley (case facts) | D stole meat from a freezer container. The container was supplied with electricity and had been on sleepers for three years. Was held to be a building |
| B and S v Leathley (legal principle) | If the area in question has a degree of permanence it will be held to be a building |
| Norfolk Constabulary v Seekings and Gould (case facts ) | D and accomplice tried to get into articulated lorry trailers being used by a supermarket as a temporary storage space. They were on wheels. Trailer was not a building |
| Norfolk Constabulary v Seekings and Gould (legal principle) | Temporary structure will not be a building |
| R v Walkington (case facts) | D went behind a counter in a store and opened the till draw, The counter was move-able, but occupied a clearly identified area. D was convicted |
| R v Walkington (legal principle) | To be part of a building it must be sufficiently separate. The jury decide this . |
| R v Laing (case facts) | D hid in a stock area of a department store. He was discovered after the store closed. No evidence he was a trespasser when he entered the store ie the building itself |
| R v Smith and Jones (case facts) | D went to his father's house with a friend and stole two TVs. He had permission to enter, he was allowed to visit. He entered for a different purpose, in order to steal |
| Barker v R (case facts) | Entered house of neighbour. The neighbour had asked him to keep an eye on the house. He had a key and entered with intent to steal |
| Barker v R (legal principle) | " If a person enters for a purpose outside the scope of his authority then he stands in no better position than a person who enters with no authority at all" |
| R v Collins ( case facts ) | D climbed into a lady's bedroom. The girl invited him in thinking it was her boyfriend. They had sex before she realised it was not him. He did not trespass. |
| Attorney General's Reference (No 1 and 2 of 1979) (Case facts) | Both D's admitted they were planning to steal whatever they found 'lying around'. They had intended to steal |
| Attorney General's Reference (No 1 and 2 of 1979) (legal principle) | Conditional intent is sufficient for burglary |
| R v Jenkins (case facts) | GBH was committed as the defendant escaped |
| R v Jenkins (legal principle) | GBH can be committed as the defendant escapes |
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