Term
| What is the actus reus of (a) robbery? |
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Definition
1) Enters
2) A building
3) As a trespasser |
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Term
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Definition
ENTRY OF ANY PART OF THE BODY CAN = SUFFICIENT ENTRY. ENTRY NEED NOT BE EFFECTIVE OR SUBSTANTIAL. ENTRY GIVEN ITS ORDINARY MEANING & UP TO THE JURY TO DECIDE.
D went to rob a house, go his head stuck in the window.
HELD - he had entered
Entry = by any part of the body |
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Term
| What is the mens rea of (a) robbery? |
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Definition
1) Knowledge / reckless as to the fact that they are a trespasser
2) Knowing at the time of entry that he intended to:
a) Steal
b) Inflict GBH on any person
c) Damage unlawfully the building or anything therein |
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Term
| What case gives us the definition of 'enters'? |
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Definition
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Term
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Definition
| 'BY A BUILDING IS USUALLY UNDERSTOOD A STRUCTURE OF CONSIDERABLE SIZE, INTENDED TO BE PERMANENT, OR AT LEAST TO ENDURE FOR A CONSIDERABLE TIME' |
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Term
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Definition
| FREEZER CONTAINER USED TO STORE FROZEN FOOD. IT WAS DETACHED FROM ITS CHASSIS AND WAS RESTING ON RAILWAY SLEEPERS. IT HAD BEEN IN POSITION FOR 2 YEARS AND WAS FITTED WITH ELECTRICITY AND WAS REALLY BIG. HELD TO = BUILDING. |
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Term
| Norfolk Constabulary v Seekings & Gould [1986] |
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Definition
TWO LARGE CONTAINERS, STILL ON THEIR WHEELED CHASSIS, POSITIONED AT THE REAR OF A SUPER-MARKET AND USED FOR TEMPORARY STORAGE. HAD ELECTRICITY. HELD = NOT BUILDINGS.
ONLY WAY A BURGLARY COULD HAVE BEEN COMMITTED WOULD BE IF THEY WERE INHABITED. |
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Term
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Definition
MAY BE PERMISSION TO ENTER A BUILDING, BUT = NO PERMISSION TO ENTER A PARTICULAR PART OF THE BUILDING.
DEMARCATION OF A SPECIFIC AREA.
A CUSTOMER IN A SHOP WHO GOES BEHIND THE COUNTER AND TAKES MONEY FROM THE TILL DURING A SHORT ABSENCE OF THE SHOPKEEPER WOULD BE GUILTY OF A BURGLARY EVEN THOUGH HE ENTERED THE SHOP WITH THE SHOPKEEPER'S PERMISSION. THE PERMISSION DID NOT EXTEND TO GOING BEHIND THE COUNTER. |
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Term
| What are the two ways in which a person can = trespasser? |
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Definition
1) Entry without consent
2) Entry in excess of authority |
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Term
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Definition
FOR BURGLARY, IT MUST BE PROVED THAT A PERSON ENTERED A BUILDING OR PART AS A TRESPASSER. WHERE, AT THE TIME OF ENTERING, A PERSON IS NOT A TRESPASSER BUT LATER BECOMES ONE, THERE CAN BE NO CONVICTION FOR BURGLARY.
MUST HAVE INTENT WHEN HE ENTERS. |
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Term
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Definition
IF YOU HAVE PERMISSION TO BE THERE, BUT YOU ENTER FOR A PURPOSE WHICH THE OWNER WOULDN'T APPROVE OF, YOU ARE IN EXCESS OF PERMISSION AND THEREFORE = TRESSPASSER
case = son who burgled his dad's house. |
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Term
| For a s9(1)(a), at what point is the burglary committed? |
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Definition
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