Law 04 Burglary SA


Cases for entry

Developed through case law 

Collins - The entry must be effective and substantial 

Brown - Only effective entry such as learning in through window was needed 

Ryan - Entry now simpily doesnt need to be effective; like getting trapped in a window 

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Cases for property

The Theft Act 1968 - Defines property as inhabited places including houseboats or caravans. Houses, flats, offices, factories, outbuildings and sheds are included

B & S v Leatherly - A freezer container can be a building: it has no wheels 

Norfolk Constabulary v Seekings - Wasnt a building, eventhough it had electricty as it has wheels 

Walkington - You can have permission to be in one part of a building but not in another, such as behind a counter in a shop 

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Cases for trespassing

Tesspass is when a person has no permission to enter 

Collins - Had consent to enter was not a tresspasser 

Smith & Jones - Shows how going beyond permission can make the D a trespasser

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Only relevant if done by ulterior offence of GBH 

Pagett - (Factual) Supports the 'But For' test 

Smith - (Legal) Overwhelming cause

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Mens rea recklessnes

To be reckless as to whether there is no permission to enter the building 

Collins - Supports the MR 

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Mens rea intention

Also intention to steal, inflict GBH or do unlawful damage at the time of entry 

D does / doesnt have this intention at the point of entry 

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Contemporaneity cases

Fagan - AR before MR (Contuning act) 

Thabo Meli - MR before AR (Series of events)

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