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Criminal | Offences Against Property

Burglary: Mens Rea

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Burglary: Mens Rea

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Knowledge or recklessness as to trespassing:

  • voluntary / not forced or purely accidental
  • subjective recklessness: knows risk but deliberately takes (Cunningham)

S9(1)(a)Theft Act 1968 (TA):

  • intent: to commit theft, GBH (S18 OAPA 1861) or criminal damage
  • before entering / can be conditional (AG Ref (no 1 & 2 of 1979))

S9(1)(b) TA:

  • MR Theft or GBH (or attempted) / once entered
  • Theft MR: dishonestly / intention to permanently deprive
  • GBH MR: with specific intent (S18 OAPA 1861)
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