can someone explain the offence of buglary s9 1(a) and s9 1 (b) im so confused Watch

xxx-Sarah-xxx
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whats the actus reus and mens rea all the text books i have dont help and keep giving me different information. also whats the difference between them. also can some on tel me the actus reus and mens rea of the basic criminal damage act
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stew1988
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Heres my notes on Burglary.. Need anymore then let me know..
Its not alot to revise, dont worry.. You just need to know the key points!

Ask me if you get stuck

Burglary –

Burglary is an offence under s9 of the theft act 1968.
2 ways in which burglary can be committed –
• Section 9 (1) (a) –
A person is guilty of burglary if he enters any building or part of a building as a trespasser with the intent to steal, inflict GBH or do unlawful damage to the building or anything inside of it.
• Section 9 (1) (b) –
A person is guilty of burglary if, having already entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts GBH on any person in the building.

Although these are both different they do have common elements –
• Entry
• Of a building or part of a building
• As a trespasser

The main difference is the intention at the time of entering the building.

Entry –
Not defined in the theft act, however the defendant’s entry must be ‘effective’ in order to be guilty.

Building or part of a building –
The word building is extended in the theft act to include such things as houseboats and caravans, and sheds. A portacabin can also be classed as a building depending on the facts.

Part of a building is used to cover situations where the D in allowed in certain areas of a building, but does not have permission to be in another part.

As a trespasser –
D must be a trespasser in order to commit burglary; if they have permission to enter a building then they are not a trespasser.
To succeed on a charge of burglary the prosecution must prove that the D knew he was trespassing or that the D was subjectively reckless as to whether he was trespassing.
Going beyond permission is where someone has permission to do something, but then goes further in order to steal.

Mens Rea –
D must know or be subjectively reckless as to whether he is trespassing.
For Section 9 (1) (a) the D must have conditional intent – e.g. anything worth stealing
For Section 9 (1) (b) the D must have the Mens rea for theft or GBH
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xxx-Sarah-xxx
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(Original post by stew1988)
Heres my notes on Burglary.. Need anymore then let me know..
Its not alot to revise, dont worry.. You just need to know the key points!

Ask me if you get stuck

Burglary –

Burglary is an offence under s9 of the theft act 1968.
2 ways in which burglary can be committed –
• Section 9 (1) (a) –
A person is guilty of burglary if he enters any building or part of a building as a trespasser with the intent to steal, inflict GBH or do unlawful damage to the building or anything inside of it.
• Section 9 (1) (b) –
A person is guilty of burglary if, having already entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts GBH on any person in the building.

Although these are both different they do have common elements –
• Entry
• Of a building or part of a building
• As a trespasser

The main difference is the intention at the time of entering the building.

Entry –
Not defined in the theft act, however the defendant’s entry must be ‘effective’ in order to be guilty.

Building or part of a building –
The word building is extended in the theft act to include such things as houseboats and caravans, and sheds. A portacabin can also be classed as a building depending on the facts.

Part of a building is used to cover situations where the D in allowed in certain areas of a building, but does not have permission to be in another part.

As a trespasser –
D must be a trespasser in order to commit burglary; if they have permission to enter a building then they are not a trespasser.
To succeed on a charge of burglary the prosecution must prove that the D knew he was trespassing or that the D was subjectively reckless as to whether he was trespassing.
Going beyond permission is where someone has permission to do something, but then goes further in order to steal.

Mens Rea –
D must know or be subjectively reckless as to whether he is trespassing.
For Section 9 (1) (a) the D must have conditional intent – e.g. anything worth stealing
For Section 9 (1) (b) the D must have the Mens rea for theft or GBH
thank you so much!!!!!!!!!! was wondering do you have notes for the defences for offences against the property?
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stew1988
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I will have by tommorow lunch im hoping.. Ill post them on here then!
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pcok
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Does anyone have notes for question (c)? I'm a bit confused as to what to revise for that, and I don't think I'm that good at the critcism question. I got my paper back in Jan and I had memorised a complete model essay (I had written it myself, don't worry), and I only got 20/25 for it! It was marked as some, clear, sound or something like that, yet I thought it was pretty much perfect! Otherwise obviously I wouldn't have written and memoriesed an essay that was "some" and "clear"! So I don't know what I'm doing wrong, but if anyone can help me with some notes or something that would be good, cos the book I have isn't great tbh.
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stew1988
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(Original post by pcok)
Does anyone have notes for question (c)? I'm a bit confused as to what to revise for that, and I don't think I'm that good at the critcism question. I got my paper back in Jan and I had memorised a complete model essay (I had written it myself, don't worry), and I only got 20/25 for it! It was marked as some, clear, sound or something like that, yet I thought it was pretty much perfect! Otherwise obviously I wouldn't have written and memoriesed an essay that was "some" and "clear"! So I don't know what I'm doing wrong, but if anyone can help me with some notes or something that would be good, cos the book I have isn't great tbh.
20/25 is 80%.. Thats a strong A!! Its gonna be pretty hard to top that, you'd be better off revisin the rest of the content and getting an A overall rather than a strong A in just question C
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pcok
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(Original post by stew1988)
20/25 is 80%.. Thats a strong A!! Its gonna be pretty hard to top that, you'd be better off revisin the rest of the content and getting an A overall rather than a strong A in just question C
80% is just an A isn't it? So a really low A? The thing is it's a good way to boost your mark as you can just memorise an essay. Argh I shall take you advice and not focus on it now though, seeing as I have just found out none of my revision on deception or evasion of a liability was needed and I have not revised fraud or making off w/o payment, and tomorrow I was meant to be revising psychology for Monday too, as I haven't even started that yet!
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stew1988
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lol kk
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xxx-Sarah-xxx
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(Original post by pcok)
Does anyone have notes for question (c)? I'm a bit confused as to what to revise for that, and I don't think I'm that good at the critcism question. I got my paper back in Jan and I had memorised a complete model essay (I had written it myself, don't worry), and I only got 20/25 for it! It was marked as some, clear, sound or something like that, yet I thought it was pretty much perfect! Otherwise obviously I wouldn't have written and memoriesed an essay that was "some" and "clear"! So I don't know what I'm doing wrong, but if anyone can help me with some notes or something that would be good, cos the book I have isn't great tbh.
can you learn one offence for section c even for murder as well?
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xxx-Sarah-xxx
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has any one got any notes for defences for offences against the property, my notes always ends up being a lot of writing and i some how end up needing to revise more, this is going to be a difficult day today
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pcok
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(Original post by imtired)
Does anyone know what you're allowed to do in self defence if you find a burglar in your home, or can direct me to somewhere can i find this out?
Use the the amount of force that is necessary, but no more. Martin (2000) or (2002), can't remember not done it since Jan. He shot them in the back whilst running away - too much force. Also Clegg looks at using too much force, as his third shot at a car going through a check point (this was the shot which killed a woman in back of car) was fired after the car had gone through the check-point, therefore was no longer a threat.

This area of law is one that can be used for criticizm in part (c).
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pcok
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Ah right lol I thought it was for the exam tomorrow (that's part of the spec). Well why do you think there is going to be a burglar in your house??

Basically you are allowed to use as much force as is reasonable in the circumstances, but cannot exceed the force that they present to you. So if someone comes into your house unarmed, and you shout out cos you've heard someone, and he attempts to scarper...not much you can do.

But, if the situation is as above but he confronts you rather than run away then you may attack him back but only as much as is reasonable. So you can't use a knife or gun if he is unarmed. You could punch him or try to detain him until police arrive though.

A man's home is not his castle, so it would seem.

But yeah, why do you think there's gonna be someone in your house??
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Nana_Julia
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I was always under the impression that the offence of buglary is the act of trespassing on someone's property with the intention to sodomise, no?
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Lady Narcissus
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(Original post by Nana_Julia)
I was always under the impression that the offence of buglary is the act of trespassing on someone's property with the intention to sodomise, no?
Yes :toofunny:
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Tory_boy
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Naughty, naughty girls.
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