2178816
Description
Mind Map by David N. Flaherty, updated more than 1 year ago
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Created by David N. Flaherty
about 9 years ago
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AQA Law: Theft act 1968 with Burglary and
Blackmail
- Section 9: Burglary
- Mens Rea for S9(1)(b)
- The defendant must know or
to be subjectivly reckless as to
whether he is a trespasser,
with the mens rea for theft or
Grievous bodiy harm at point
of committing or attempting to
commit these offences in the
building or part of it.
- The defendant must know or
to be subjectivly reckless as to
whether he is a trespasser,
with the mens rea for theft or
Grievous bodiy harm at point
of committing or attempting to
commit these offences in the
building or part of it.
- Mens rea for S9(1)(a)
- The defendant must know or be
subjectively reckless as to whether
he is a trespasser, with the
intention to commit Theft,
Grievous bodily harm or Criminal
Damage, at the point of entry.
- The defendant must know or be
subjectively reckless as to whether
he is a trespasser, with the
intention to commit Theft,
Grievous bodily harm or Criminal
Damage, at the point of entry.
- Actus Reus
- Entry
- Although not defined, the defendant
must make an effective and/or substantial entry. It
is up for the jury to decide if it is
effective and /or substantial
- Collins (1972) It was decided
that it must be proven that
had made an effective and
substantial Entry is made.
- Brown(1985) An effective entry must be proven
- Ryan (1996) the
entry only has to be
substantial No
reference to an
effective entry.
- Collins (1972) It was decided
that it must be proven that
had made an effective and
substantial Entry is made.
- Although not defined, the defendant
must make an effective and/or substantial entry. It
is up for the jury to decide if it is
effective and /or substantial
- Building or part of a
building
- Buildings are areas that are
inhabited, which includes
houses, flats ,offices, factories
and so fourth. It can also include
vehicles and vessels.
- Useful cases
- B and S V Leathley (1979)
- Norfolk Constabulary V
Seekings and Gould (1986)
- B and S V Leathley (1979)
- Useful cases
- However, a part of a building refers
to an area, such a counter or room,
where the defendant has no
permission to enter
- Walkington (1979)
- Walkington (1979)
- Buildings are areas that are
inhabited, which includes
houses, flats ,offices, factories
and so fourth. It can also include
vehicles and vessels.
- As a trespasser
- The defendant must enter as a trespasser, where he has no permission to
enter the building or part of a building. However, if he does have permission,
he is not a trespasser, unless he has gone beyond his permission
- Useful cases
- Collins (1972) The defendant is not guilty of
burglary, as he had permission to enter from the
girl.
- Smith and Jones (1976): The defendant is still seen
as a trespasser, despite having a general permission
to enter his house, but has breached this permission
as he had entered without his father's knowledge,
as he tried to steal two T.V sets
- Collins (1972) The defendant is not guilty of
burglary, as he had permission to enter from the
girl.
- Useful cases
- The defendant must enter as a trespasser, where he has no permission to
enter the building or part of a building. However, if he does have permission,
he is not a trespasser, unless he has gone beyond his permission
- Entry
- Mens Rea for S9(1)(b)
- Section 21: Blackmail
- The defendant is guilty of blackmail, with
a view to gain himself or another or with
intent to cause loss to another, as he
makes an unwarranted demand with
menances.
- Actus Reus
- Making Demands
- The defendant must make a demand,
which can be in any form such as words,
conduct, in writing and letters.
- Collister and Warhurst (1955)
- Treacy V DPP (1971)
- Collister and Warhurst (1955)
- The defendant must make a demand,
which can be in any form such as words,
conduct, in writing and letters.
- Unwarranted Demand
- The demand must be
mande with menances
unless if the defendant
has to show that he
believed that he has
reasonable grounds for
making the demand, and
the use of menances was
a proper means to
reinforce it.
- Harvey (1981) The defendants were guilty
of blackmail, as they threatened the Victim
as they said that would murder and rape
his Wife and Child in order to get their
money back.
- Harvey (1981) The defendants were guilty
of blackmail, as they threatened the Victim
as they said that would murder and rape
his Wife and Child in order to get their
money back.
- The demand must be
mande with menances
unless if the defendant
has to show that he
believed that he has
reasonable grounds for
making the demand, and
the use of menances was
a proper means to
reinforce it.
- Making Demands
- Mens Rea
- Actus Reus
- The defendant is guilty of blackmail, with
a view to gain himself or another or with
intent to cause loss to another, as he
makes an unwarranted demand with
menances.
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