Burglary - s.9 (1) THEFT ACT 1968

Lucy Nove
Mind Map by Lucy Nove, updated more than 1 year ago
Lucy Nove
Created by Lucy Nove over 3 years ago
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A2 Law (Offences Against Property ) Mind Map on Burglary - s.9 (1) THEFT ACT 1968, created by Lucy Nove on 02/07/2017.
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Burglary - s.9 (1) THEFT ACT 1968
1 s.9 (1) (a)
1.1 Enter a building or part of a building as a trespasser with intent to:
1.1.1 Steal
1.1.2 Inflict GBH
1.1.3 Do unlawful damage to the building or anything in it
2 s.9 (1) (b)
2.1 Having entered a building or part of a building as a trespasser
2.1.1 D steals
2.1.2 D inflicts GBH
3 Actus reus
3.1 Common actus reus elements
3.1.1 Entry
3.1.1.1 Question of fact for the jury to decide: RYAN
3.1.2 Building or part of a building
3.1.2.1 Must enter a building or part of a building: STEVENS v GOURLEY
3.1.2.2 Vehicles can also be burgled: s.9 (4).
3.1.2.3 Large storage containers are buildings when they have no wheels: B AND S v LEATHLEY
3.1.2.3.1 But not when the wheels are still attached: NORFOLK CONSTABULARY v SEEKINGS AND GOULD
3.1.2.4 Question for the jury to decide in each case
3.1.3 Trespasser
3.1.3.1 D voluntarily enters without the permission of the occupier.
3.1.3.2 If he has permission to enter one part of the building and then enters another, he is trespassing.
3.1.3.3 If he has been banned from the building, he is a trespasser when he enters
3.1.3.4 Where D gains entry by fraud, there is no genuine permission to enter so D is trespassing
3.2 s.9 (1) (b)
3.2.1 Must also commit the actus reus of theft or commit GBH
4 Mens rea
4.1 s.9 (1) (a)
4.1.1 Intent to:
4.1.1.1 steal
4.1.1.2 Inflict GBH
4.1.1.3 Do criminal damage to the building or anything in it
4.1.2 Mens rea must be present at the time of entry, need not actually commit one of the ulterior offences
4.2 s.9 (1) (b)
4.2.1 Mens rea is that of the ulterior offences
4.2.1.1 MR of theft
4.2.1.1.1 Dishonesty
4.2.1.1.2 Intention to permanently deprive
4.2.1.2 MR of GBH
4.2.1.2.1 Intention that V might suffer some harm: MOWATT
4.2.2 Mens rea must be present at the time of committing the actus reus of the relevant ulterior offence.
4.3 For BOTH D must know or be reckless as to whether he was trespassing: COLLINS
4.3.1 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
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