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Trespass with intent to commit a sexual offence: case commentary on Pacurar

Selfe, DW (2017) Trespass with intent to commit a sexual offence: case commentary on Pacurar. The Criminal Lawyer, 233 (2). pp. 6-7. ISSN 2049-8047

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Abstract

The Sexual Offences Review 2000 identified and noted an offence of aggravated burglary under s9(1)(a) Theft Act 1968. That offence was limited in two significant ways: there had to be entry of a building or part of a building as a trespasser, and the defendant had to intend to commit the offence of rape. An intent to commit any other sexual offence (even if of a serious nature) did not suffice. The Review recommended the repeal of the specific s9 Theft Act offence, and its replacement with an offence of trespass with intent to commit a serious sexual offence 1 . Subsequently, that recommendation was developed by the Government in Protecting the Public, 20022. The proposal was amended so that an offence would be committed where D trespassed on premises with intent to commit any (as opposed to a serious) sexual offence. That was subsequently enacted in s63 Sexual Offences Act (SOA) 2003. The offence is clearly preparatory and designed to reflect D’s sexual motivation. It is intentionally wider than its precursor in s9 Theft Act, in that trespass can be on any premises, and the intention can be to commit any relevant sexual offence.

Item Type: Article
Subjects: K Law > KD England and Wales
Divisions: School of Law
Publisher: Bloomsbury Professional
Date Deposited: 15 Aug 2017 10:42
Last Modified: 15 Aug 2017 10:42
URI: http://researchonline.ljmu.ac.uk/id/eprint/6924

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