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Burglary cases

QuestionAnswer
Burglary cases
s.9(1)(b) Theft Act 1968 Entering a building as a trespasser and attempting or completing 1) theft or 2) inflict GBH
Burglary common ingredients to s.9(1)(a) and s.9(1)(b) EBT = D must ENTER a BUILDING as a TRESPASSER
Maximum sentence? S.9(3) Theft Act 1968 (a) where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years; (b) in any other case, ten years.
Collins (burglary) D climbed into V's window for sex, having been invited in by V, in the belief that D was her boyfriend. COA: Acquitted, not a "trespasser"! Jury must be satisfied that D has made "an effective and substantial entry"
Brown (burglary) D had most of his upper body in a shop, rummaging through goods. COA: convicted as D had made EFFECTIVE entry
Ryan (burglary) D's arm and head were in a window, but he got stuck. COA: upheld conviction as there was evidence on which jury could find entry - AO2: but this is NOT effective!!!
Seekings & Gould cf/ B & S Leathley (burglary) burglary from lorry trailers being used as storage Lorry trailer can be a BUILDING if no wheels and other evidence, e.g. electricty supply
Walkington (burglary) D entered till area of Debenhams and tried to steal cash. Held: D was a TRESSPASSER as customers are not allowed to go into counter area - no PERMISSION to enter that area
Smith & Jones (burglary) consent to enter house but still convicted of burglary - Ds went outside permission and were TRESPASSERS. AO2 remember impact on shoplifters from class
Created by: Rich Whitaker
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