Burglary (OCR A-Level Law): Flashcards

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Burglary
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Statutory provision defining burglary

Section 9 of the Theft Act 1968

Key difference: s9(1)(a) vs s9(1)(b)

9(1)(a): intent at entry; 9(1)(b): intent after entry

Ulterior offences for s9(1)(a) burglary

Theft, GBH, Criminal damage (TGC)

Ulterior offences for s9(1)(b) burglary

Theft and GBH only (TG)

Three components of burglary actus reus

Entry, building/part of building, trespasser

Entry requirement for burglary

Partial entry sufficient; complete entry not required

s9(4) Theft Act: buildings include

Inhabited vehicle or vessel

R v Jones and Smith principle

Exceeding permission makes you a trespasser

Conditional intent for s9(1)(a)

Intent to steal anything worth taking is sufficient

R v Brown (1985): entry test

Entry must be 'effective' (not substantial)

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