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High-Yield Offences vs Specialist

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Burglary (Gold)88%
Theft (Gold)79%
Firearms (Silver)specialist52%
Licensing (Bronze)specialist34%

Live Drill · NPPF Step 2 SBA

Single Best Answer
Suspect A enters a busy high-street department store during normal business hours with the pre-formed intention to steal high-value designer perfumes. He places three bottles inside his coat and walks past the final checkout point without offering payment before being stopped by store security.

Question

With reference to s.9(1)(a) and s.9(1)(b) Theft Act 1968 and relevant case law, which statement is CORRECT in law?

ANot guilty of s.9(1)(a) — he entered during opening hours under the general public licence, so was not a trespasser at entry.
BGuilty of s.9(1)(a) applying R v Jones and Smith — entering knowing or reckless as to exceeding the permission granted renders entry a trespass.
CGuilty only of s.9(1)(b) — the trespass arises only when he commits the theft inside.
DGuilty only of simple theft under s.1 — shoplifting in trading hours is excluded from burglary.

Gold Tier · High-Yield Offence

s.9(1)(a) Theft Act 1968

Burglary — Trespass in Excess of Permission

Why Parliament Enacted This

Parliament designed s.9(1)(a) to capture the felonious intent at the physical threshold of entry, preventing offenders from using public licences as legal shields.

Exam Hack

Always distinguish R v Jones & Smith (entering in excess of permission) from R v Walkington (lawfully in shop, trespassing into a partitioned till area).

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