Summary
Exam Summary flowchart for Criminal Law - Burglary- Distinction level
A summary flowchart to easily guide you through exam scenario questions on burglary offences. 78 achieved in exam using these flowcharts.
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By: neilward83 • 2 year ago
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Burglary, s9(1) TA1968
A person is guilty of
burglary if
He enters with intent Having entered
A building or part of a building with intent
Any building or part of a building and
to commit:
then commits or attempts:
- theft
- theft
- GBH
- GBH
- criminal damage
s9(1)(a) s9(1)(b)
AR:
- enters
> must be an effective entry for burglary, decided by the jury, R v Brown AR Theft AR att
> entry of some part of D's body could amount to an effective entry even if D AR: - appropriating - doing
cannot commit the crime with said part that has entered, R v Ryan - property than m
> if an instrument enters and commits the theft then that is entry, it is not entry if - enter a building or part of a - belonging to another in orde
the instrument enters as a means to gain entry building
> Enter a shop intending to steal, then you are entering as a trespasser as you have
gone beyond the implied permission granted by the shop license to enter to browse/ - as a trespasser
shop with the intention to buy - and commit the AR of theft, AR at
attempted theft, GBH or AR GBH
- doin
attempted GBH - causing really
than m
- a building or part of a building serious harm
towar
> building must have some degree of permanence
> does not matter if the house is inhabited or not
> Vehicle or vessel will count as a building if:
- used as a permanent home
- being used as a holiday home at the time of the burglary
> part of a building must be in the place they are trespassing i.e. staff room,
behind the tills, R v Walkington
MR: MR theft
- as a trespasser - dishonesty MR a
> proof that D entered without permission and that he knew or was reckless as to - know or be reckless to being a - intends to - inten
permanently deprive
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