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Burglary - Coggle Diagram
Burglary
s.9(1)(a)
AR
enter a building or part of a building as a trespasser
Part of the building: must form intention to steal from that part of the building. Discuss building as a whole then part if relevant.
Walkington
must be owner of property to allow entry
MR
know or be reckless to the fact that you are a trespasser
Intention on entry (
Collins
) to commit offences listed in s9(2)
GBH
FIRST: s18: intent or reckless/intent as to GBH + resist arrest
s20 OAPA: intention/reckless to ABH. ABH = interfering with health (Miller)
Theft
dishonesty
intention to permanently deprive
Criminal Damage
Simple
intention/reckless to damage/destroy
know property belong to someone else or reckless as to whether it belongs to another
Aggravated
intention/reckless to damage/destroy AND intention/reckless as to whether life is endangered by that destruction or damage.
s.9(1)(b)
AR
Commit AR of theft, attempted theft, GBH or attempted GBH (wound does not classify as GBH)
Theft
appropriate
property
belonging to another
Attempted Theft
do something more than merely preparatory
GBH
s18 + s20: inflict GBH. Really serious harm (DDP v Smith)
Attempted GBH
do something more than merely prepatory towards causing GBH
MR
know or be reckless that you are a trespasser
Have MR of any offences. MR can be formed after entering.
Theft
dishonesty
intention to permanently deprive
Attempted Theft
intent to steal -> only intent suffices
GBH
FIRST: s18: intent or reckless/intent as to GBH + resist arrest
s20 OAPA: intention/reckless to ABH.
Attempted GBH
intent to cause GBH