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Burglary (Of Any Building (Or Part Of A Building (Walkington (D went…
Burglary
Of Any Building
S.9(4) Extends the word "building" to include inhabited vehicles and vessels e.g.a houseboat or caravan.
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B and S v Leathley
Freezer container used for storage had wheels had wheels removed, and therefore was a building
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Or Part Of A Building
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Walkington
D went behind a counter to look for money in the till amounted to entry to a part of building as the area was marked not permitted
As A Trespasser
If D was invited in by V before entrance- not trespassing. Jury had not been asked to decide whether inside or outside windowsill when beckoned conviction quashed.
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Entry
Collins 1973
Decided that D had to make an "effective and substantial entry" into a building before a conviction was possible.Naked Man, Socks
Brown 1985
Entry need only be "effective" Broke into window, half body was in Half was out, he appeal court held.
Ryan 1996
Jury will decide on the facts whether there is an entry, Wedged in the window, Neck stuck fire service had to break him out. Entry Occurred
Mens Rea
D must know that he is a trespasser or be subjectively reckless as to whether he is trespassing. (R v Collins 1972)
Edmund-Davies LJ
"the person entering does so knowing that he is a trespasser and nevertheless deliberately enters or at the very least is reckless as to whether or not is entering the premises of another without the other's consent,"
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S.9(1)(a)
D enters any building or part of a building as a trespasser with intent to Steal, Commit GBH, Crim. Dam
S.9(1)(b)
Having entered any building or part of a building as a trespasser he commits or attempted to steal anything in the building or inflicts or attempts to inflict GBH on any person in the building