cannot remember what this maxim is called! help me please!

Watch
rubicon00
Badges: 0
Rep:
?
#1
Report Thread starter 6 years ago
#1
I remember reading somewhere something about there being a maxim to do with trespass about intention formed after entry makes it a crime or something, but that this didn't apply to burglary (i read it ages ago so I only very vaguely remember)
Can anyone help as to what it is? it was in latin
0
reply
TSR Learn Together
Badges: 9
Rep:
?
#2
Report 6 years ago
#2
Hi there,

While you're waiting for an answer, did you know we have 300,000 study resources that could answer your question in TSR's Learn together section?

We have everything from Teacher Marked Essays to Mindmaps and Quizzes to help you with your work. Take a look around.

If you're stuck on how to get started, try creating some resources. It's free to do and can help breakdown tough topics into manageable chunks. Get creating now.

Thanks!

Not sure what all of this is about? Head here to find out more.
0
reply
Bar None
Badges: 2
Rep:
?
#3
Report 6 years ago
#3
I'm not sure you need a Latin maxim for this - it is in the definition of burglary given in section 9 of the theft act 1968:

(1)A person is guilty of burglary if—
(a)he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b)having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2)The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm F1... therein, and of doing unlawful damage to the building or anything therein.

I imagine that the maxim was referring to the fact that there are two ways to commit burglary (see above), either you:

1.enter as a trespasser with the intention to commit one of the offences in subsection 2, or,
2. having entered as a trespasser you commit any of the offences in subsection (1)(b).

You will notice that criminal damage is included in the first list but not the second. So you cannot be convicted of burglary if you enter as a trespasser without intention to commit an offence and once inside decide to damage something, but you can be convicted of burglary if you entered intending to commit criminal damage.


Posted from TSR Mobile
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Current uni students - are you thinking of dropping out of university?

Yes, I'm seriously considering dropping out (150)
14.78%
I'm not sure (44)
4.33%
No, I'm going to stick it out for now (303)
29.85%
I have already dropped out (26)
2.56%
I'm not a current university student (492)
48.47%

Watched Threads

View All
Latest
My Feed