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Kicks and Laces v Jack (IRAC)

ISSUE: did jack commit burglary under the laws of Greenacre?

RULE: Burglary is the breaking and entering, into the dwelling place of another at night, with intent to commit a felony there within.

ANALYSIS: Jack wanted to buy his wife and children Christmas presents and a charismas tree but he could not afford them. He had his former workplace’s key, which he had duplicated earlier while he worked there. Jack committed burglary because of the following 3-reasons.

  • He broke and entered Kicks and Laces store at 10 PM (at night) because despite having worked there as a manager earlier and having spare key, he was currently not authorized to enter the store.
  • He intended to steal commit a felony because he did not have the financial capacity to buy his family a Christmas tree and presents, which he wanted to do.
  • He stole shoes worth $600 and $1000 in cash. According to Greenacre Penal Code Section 232, a person needs to steal an amount exceeding $950 to have committed grand theft (a felony). The things jack stole exceeded this amount.

CONCLUSION: jack committed burglary under Greenacre law because he broke into Kicks and Laces at night with intent to commit a felony, which he did by stealing money and goods exceeding $950.

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