GDL Law Notes GDL Criminal Law Notes
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...
The following is a more accessible plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Section 9 Theft Act 1968:
Distinguishing 9(1)(a) from 9(1)(b)
For 9(1)(a) burglary – the D must enter as a trespasser – with the intention to steal, inflict GBH or unlawfully damage property (ulterior offence)– burglary is committed at the point of entry
Doesn’t matter if the D goes on to commit the ulterior offence – as long as the D intended to commit the offence at the point of entry
For 9(1)(b) – the D must have entered as a trespasser and once inside, actually steal or attempt to steal or inflict or attempt to inflict GBH – burglary is committed at the point of commission or attempted commission of the ulterior offence
Sentencing is the same for both – matter of evidence which one the prosecution decides to charge
Section 9(1)(a)
AR:
That the D “enters”
“a building or part of a building”
“as a trespasser”
MR:
Knowing or being reckless as to his entry as a trespasser; and
At the time of entry D intended to (i) steal (ii) to inflict GBH on any person or (iii) to damage unlawfully the building or anything therein (see 9(2))
When is the offence committed?
Complete upon entry – provided it is accompanied with intention to commit ulterior offence
AR
Enters
Old Common Law rule - entry was satisfied when any part of a person’s body entered a building (or part of a building) – Davies (1923) – no matter how small – any part of a body, however small
R v Collins – Jury must be satisfied that entry was ‘effective and substantial’ … narrow definition – whole body had to be within the body
R v Brown – CA declined to follow ‘limited’ meaning from Collins – D was seen with body partially inside a front shop display – appeal dismissed – CA said that ‘substantial’ was not helpful – entry need only be ‘effective’
R v Ryan – D became stuck by his neck in the window – so was not effective OR substantial – court said that it was irrelevant whether or not the accused was capable of stealing - so didn’t need to be ‘effective’ or ‘substantial’ – jury must decide whether there had been an entry
Smith & Hogan think that leaving ‘entry’ up to the jury is insufficient – best course would be to accept the continued existence of the common law rule – i.e. that entry of any part of the body, however small, will suffice
Building or part of building
Building
Theft Act only contains a partial defence of this element – 9(4) – building for the purposes of 9(1) and 9(2) includes an inhabited vehicle or vessel – whether the person is living there at present or not
Stevens v Gourley – building must be of ‘a structure of considerable size and intended to be permanent or at least endure for a considerable time’
B and S v Leathley - a freezer container used to store frozen food which was detatched from its chassis and was resting on railway sleepers - it had been there for 2 years and was fitted with electricity – 25x7 ft – held to be a building
Norfolk Constabulary v Seekings & Gould – 2 similar containers – still on their wheeled chassis – positioned at the rear of a supermarket – for temporary storage – were not buildings despite having electricity– not sufficient permanence – only way burglary could be committed was if they were inhabited (9(4))
Part of a building
R v Walkington – question of fact for the jury to decide – here it was clear that the D knew he was not allowed into the till area behind a three-sided counter – so jury found that he HAD entered part of a building – 2 parts of the building (where D was entitled to be and where he was not)
As a trespasser
No consent
Borrow laws from tort – trespass where the building or part is entered is in the possession of another, who does not consent to the entry
Where at the time of entering a person is NOT a trespasser but later becomes one – there can be NO conviction for burglary – R v Laing
Entry in excess of authority
R v Collins – invitation by victim to enter her bedroom for sex precluded trespass for burglary – but at the times the D can still be a trespasser even if he was given consent to enter
R v Jones & Smith – J and S entered the home of S’s father and stole 2 TV sets – court held that this was in excess of permission given them – court was satisfied that it was vs. the consent or in excess of the consent given by Mr Smith to his son
MR
Enters knowing or being reckless that the entry was a trespass
D must either know or be reckless to the facts which made him a trespasser – it need not be proved that he knew in law that he was a trespasser
Collins - ‘If she in fact appeared to be welcoming him, the Crown do not suggest that he should have realised or even suspected that she was so behaving because, despite the moonlight, she thought he was someone else.’
Intended to commit one of the ulterior offences contained in s9(2) at the time of entry
Must be proved that upon entry the defendant intended to commit one of the ulterior offences in 9(2) – must either:
Intend to steal from therein;
Intend to inflict GBH on any person...
Buy the full version of these notes or essay plans and more in our GDL Criminal Law Notes.
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...
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