1B Burglary

Question 1

What act and section defines burglary?

Answer 1

s.9 of the Theft Act 1968

Question 2

s.9(1)(a)

Answer 2

A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict GBH or do unlawful damage to the building or anything in it.

Question 3

s.9(1)(b)

Answer 3

A person is guilty of burglary if having entered a building or part of a building as a trespasser; he steals or attempts to inflict GBH on any person in the building.

Question 4

Elements of burglary’s actus reus

Answer 4

Entry
Building or part of building
Trespasser

Question 5

Define entry

Answer 5

The defendant has to have entered the premises.
The entry must be an effective one (R v Brown)

Question 6

Ratio of R v Ryan

Answer 6

CA upheld his conviction for burglary, saying that there was evidence on which the jury could find that the defendant had made an effective entry even though he became unable to steal anything.

Question 7

Define building or part of a building

Answer 7

All inhabited places are considered to be buildings for the purposes of burglary.

Question 8

Ratio of B and S v Leathley

Answer 8

A freezer container had locks, rested on sleepers and was connected to an electricity supply, it was held to be a building.

Question 8

Ratio of Norfolk Constabulary v Seekings and Gould

Answer 8

Not a building. The fact that it had wheels meant that it remained a vehicle.

Question 9

Ratio of R v Walkington

Answer 9

His conviction was upheld. There was no requirement to have a physical separation. The counter area was clearly out of bounds to the public and thus he was a trespasser in that part of the building.

Question 10

Define trespasser

Answer 10

For a burglary to have been committed, the defendant must not have permission to be on the property.

Question 11

Ratio of R v Collins

Answer 11

CA quashed the conviction because there was no evidence he was a trespasser.

The court said D is not a trespasser unless the person entering did so either knowing he was a trespasser or was reckless as to whether or not he was entering the premises of another without the other person’s consent.

Question 12

Ratio of R v Smith and Jones

Answer 12

Under s.9 (1)(b), a person is guilty of trespassing if he enters the premises knowing that he is entering in excess of permission. Guilty of burglary

Question 13

MR of s.9(1)(a)

Answer 13

D must have intent at the time of entering to:
a) intent to steal
b) intent to inflict GBH
c) intent to do unlawful damage
d) intent/recklessness as to trespass

Question 14

Define conditional intent

Answer 14

D will steal anything worth stealing (Walkington) or cause GBH if V is present. If there is nothing to steal or V is not there, it is still burglary.

Question 15

MR of s.9(1)(b)

Answer 15

Prosecution must prove he actually committed or attempted to commit theft or GBH.

D must have MR of theft or GBH when committing/attempting to commit the AR of these offences.

Intention/reckless as to trespass.