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Burglary and Criminal damage - Coggle Diagram
Burglary and Criminal damage
Burglary (s9 Theft Act 1968)
Section 9(1) (a)
MR
(1) Intention/recklessness to trespass
(2) Intent requirement for the 'base offence' (either: Intent to steal, cause GBH, or commit criminal damage
AR
Entry, when the intent/mens rea required for the particular offence.
Section 9(1) (b)
MR
--D must be at least reckless as to the fact that make their entry trespassing (
Collins
)
When committed one of the listed offences in the building, D must have the MR for that offence (coincidence principle)
AR
--D enters the building/part of a building, as a trespasser
Then, when inside, D must complete the AR for 'theft, a GBH offence, or attempt either'
Sentencing: 10 years imprisonment (for each); 14 years if committed in a dwelling
Criminal damage
Basic offence of criminal damage -- s1(1) of CDA 1971
—A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such
property would be destroyed or damaged shall be guilty of an offence.
Aggravated Burglary (s10 Theft Act 1968)
This offence requires: Burglary (either s9(1) (a) or s9 (1) (b)), + ‘Possession of weapon’
Possession of a Weapon: Firearm, imitation firearm, 'any weapon of offence' or explosives
Depending on D's intention, a
screwdriver
(Kelly [1993]), knife (Stones [1989]), sleeping pills or socks (case?) may be a weapon
Defences against Criminal Damage
The general defences (duress, necessity, etc)
Specific defences
There are two specific defences: (1) belief in consent, (2) the protection of property. -- s5 CDA 1971,
Belief in consent
The protection of property