Term
| At what point is a s9(1)(b) burglary committed? |
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Definition
| at the time of the commission, or attempted commission of the ulterior offence. |
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Term
| For a s9(1)(b) burglary, if the ulterios offence = theft, how would you approach this in an exam Q? |
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Definition
1) Having entered
2) A building or part
3) As a trespasser
4) Knowing or being reckless as to entry as a trespasser
5) Appropriates
6) Property
7) BTA
8) Dishonestly
9) ITPD |
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Term
| For a s9(1)(b) burglary, if the ulterior offence = GBH, how would you approach this in an exam Q? |
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Definition
1) Having entered
2) A building or part
3) As a trespasser
4) Knowing / reckless to fact of trespass
...ONLY REQUIRES AR FOR GBH, NOT MR (R v Jenkins [1983]
(s18 OAP. s20 OAP. s23 OAP) = 2 different types of GBH that can go with burglary. |
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Term
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Definition
| FOR A S9(1)(b) BURGLARY IN WHICH GBH IS COMMITTED/ATTEMPTED, NO MENS REA FOR GBH IS REQUIRED, ONLY ACTUS REUS. |
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Term
| For a s9(1)(b) burglary involving theft / attempted theft, what elements of theft are required? |
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Definition
Actus Reus AND Mens Rea
1) Appropriates
2) Property
3)BTA
4) Dishonestly
5)ITPD |
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Term
| Why are there 2 burglary offences? |
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Definition
| Because it helps to catch the D in the right circumstances. |
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Term
| D enters a private hospital with the intention to hang out. Once he is in there, he decides to steal a jacket. |
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Definition
| GUILTY of s9(1)(b) - entered as a trespasser & went on to steal |
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Term
| Fred breaks in to ranjit's house, intending to kill him. However, ranjit turns out not to be home... |
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Definition
| Can't be a s9(1)(b) as there is no attempt/offence. HOWEVER, as he entered with the intention (+ = traspasser etc...) Fred = guilty of s9(1)(a) offence. |
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Term
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Definition
| WHATEVER TYPE OF BURGLARY YOU ARE CONSIDERING, THE D MUST BE A TRESPASSER ON ENTRY!!! |
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