1B.4.3 Burglary Flashcards
Which act governs the law on burglary?
S9 Theft Act 1968
What are the two seperate offences uncer s9 Theft Act 1968.
- Section 9(1)(a)
- Section 9(1)(b)
Definition of S9(1)(a).
Entering a building or part of a building as a trespasser with intent to commit theft, GBH or criminal damage
Section
Definition of S9(1)(b)
Having entered any building or part of a building as a trespasser, they steal or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any GBH
Definition of S9(1)(b)
Having entered as a trespasser, stealing or inflicting or attempting to inflict GBH.
The common elements of s9(1)(a) and s9(1)(b)
Although the two offences create different ways of committing a burglary, they do have common elements of entering a building or part of a building as a trespasser.
[Entry as a trespasser]
R v Collins (1972)
D was drunk and climbed a ladder to an open window. He saw a naked woman in bed, went back down the ladder and took his clothes off. He went back up and went in her window. V woke up, thought he was her boyfriend, helped them in and had sex. Convicted of burglary with intent to rape.
Legal principle: There must be substantial and effective entry. Held: where D enters with permission, they are not a trespasser.
[Entry as a trespasser]
R v Brown (1985)
The defendant was standing on the ground outside but leaning in through a shop window, rummaging through goods.
His conviction for burglary was upheld as clearly in this situation his entry was effective.
[Entry as a trespasser]
R v Ryan (1996)
The defendant became trapped when trying to get through a window into a house. His head and arm were inside the house but the rest of his body was outside. He was convicted of burglary because there was sufficient evidence on which the jury could find that the defendant had entered.
Held: Entry is a matter of fact for the jury.
Define building
“A permanent structure of considerable size, intended to be permanent or at least endure for a considerable time” Stevens v Gourley (1859).
S9 also includes inhabited vehicles and vessels.
[Part of a building]
R v Walkington (1979)
D went into the counter area in a department store and opened a till. This area was clearly market by a sign.
The D’s conviction for burglary under s9(1)(a) was upheld as he had entered part of a building (the counter area) as a trespasser, with the intention of stealing.
[Building]
Leathley (1979)
A 25-foot-long freezer container had been kept as a storage unit in a farmyard for over two years. It had doors with locks and was connected to the electricity supply.
This was held to be a building.
[Building]
Seekings & Gould (1986)
A lorry trailer with wheels had been used for over a year for storage . It had steps up to it and was connected to the electricity supply, but was held not to be a building because it still had wheels (meaning it remained a vehicle).
[Part of a building]
R v Rodmell (1994)
The defendant was convicted of burglary of a garden shed, and the theft of power tools in it. The shed stood in the grounds of a house and was about 50m away from the house.
The court held that the shed was still a part of a person’s house. D was found guilty.
[Entry as a trespasser]
Jones v Smith (1976)
Smith and his friend, Jones, went to Smith’s father’s house in the middle of the night and took two TV sets without the father’s knowledge or permission. The father stated that his son would not be a trespasser in the house; he had a general permission to enter.
Held: A person is a trespasser if he enters premises of another knowing that he is entering in excess of the permission that he has been given to him to enter, or being reckless whether he is in excess of that permission.
