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Burglary Notes

This is a sample of our (approximately) 3 page long Burglary notes, which we sell as part of the Criminal Law Notes collection, a A package written at York College in 2015 that contains (approximately) 83 pages of notes across 41 different documents.

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Burglary Revision

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Burglary Criminal trespass:



1968 Act refers to criminal trespass e.g. Collins 1973 AR is entry without permission of the person in possession or without some legal right to be there MR is intention to enter, knowing of the facts which make his entry a trespass or being reckless as to whether such facts existed (not a merely negligent entry) E.g. Jones and Smith 1976

MR of s9(1)(a):

Guilty at the point he enters the building if D has intention Must be proved that D, at the point of entry of a building or part of a building, had the intention to commit one of the offences under s9(2) o Theft o Unlawful damage o GBH

MR of s9(1)(b):


D commits burglary if, having entered a building or part of it as a trespasser, he: o Steals or attempts to steal something o Inflicts or attempts to inflict GBH on someone D must have MR for these offences Does not have to form MR to steal or inflict GBH at the point of entry

Actus reus:



D must have: Entered o 1968 Act is silent on the meaning of 'entry' o Collins 1973, Brown 1985, Ryan 1996 "A building or part of a building" o The word 'building' is not defined in the Act o Leathley 1979, Seekings and Gould 1986, Walkington 1979 "As a trespasser"

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