7) Burglary Flashcards
What are the two types of burglary
…. Enter as a trespasser
s9(1)(a) - have the intention to steal, inflict GBH or unlawfully damage property
s(9)(1)(b) - enter as a trespasser, then steal/attempt to steal, inflict GBH/attempt to
Section 9(1)(a)
- Enter as trespasser
- Have the intention
- To steal, inflict GBH, unlawfully damage property
Section 9(1)(b)
- Enter as a trespasser
- Once iside
- Steal / attempt to steal
- Inflict / attempt to inflict GBH
At what point is burglary committed in a 9(1)(a) offence?
- At the point of entry
- The key point here is INTENTION
At what point is burglary committed in a 9(1)(b) offence?
- The point of attempt or commission of theft or GBH.
What is the actus reus of burglary (s9(1)(a))
- Defendant enters
- A building or part of a building
- As a trespasser
What is the mens rea of burglary (s9(1)(a))
- Knowin or being reckless as to entry as a trespasser
- At the time of entry intending offences listed in s9(2)
- Steal/ GBH / damage the building or anything in
Is there any need for a burgalar to Steal/ GBH / damage if he enters as a trespasser with the intention to commit the offence?
No
Intention + Trespass is when the crime is committed
s9(1)(a)
s9(1)(a) = entry
- Partial presence is all that is required
- Does not matter if not physically able to steal from premises
R v Ryan
R v Ryan
- Head and arm stuck in window
- Defendant argued did not = entry
- CoA held that partial presence was enough - doesnt matter that was not able to steal from premises.
Building
s(9(4))
* Includes an inhabited vehicle or vessel - whether lived in at the time or nto
* Question of fact
Stevens v Gourley
Building must be a structure of a considerable size and be intended to be permanent, or at least endure for some time
B and S v Leathley
- Freezer container to store food
- Detached from chassis
- In position for 2 years, 25 ft long
- Fitted with electricity
= Held to be a building
Norfol Constabulary v Seekings & Gould
- Two similar containers wheeled chasssis
- Temporary storage.
- Eectricity
- Not a building - not inhabited.
R v Walkington
- Entered department store lawfully
- Went into an area bounded by counter and opened cash till
- Clear robber wasnt allowed there
- Found that he trespassed in part of the building
What are the two ways a Defendant can enter as a trespasser?
- Without consent
- In excess of authority
R v Collins
Trespass = entry into building or part in possession of another, does not carry consent to enter.
If a person doesnt enter a property as a trespasser, but later becomes one?
There can be mo conviction for burglary
R v Jones & Smith
- Eneterd home of father and took two TVs
- Convicted of burglary and appealed, on grounds that had general permission.
- Appeals dismissed on the basis entry was in excess of permission given
Section 9(1)(a) Mens Rea
- Enters knowing or** being reckless** that entry was a trespass
= Knew in law, or were reckless as to the facts - Intending to commit one of the offences at the time of entry
What happens if the intention of the defendant was to look inside and only steal anything that they feel is worth it?
- Conditional Intent
- = Intention
** A-G References**
A-G References
Conditional intention has been held to count as an intention
Section 9(1)(b) burglary - GBH
- A number of offences can fall within the Offences Against the Person Act 1861
- Section 18 and 20
Is an offence or mens rea required in relation to GBH?
No
R v Jenkins
R v Jenkins
No offence and thus no mens rea at all is required in relation to the infliction of GBH
all that is needed was the infliction of harm
What does GBH not require
Mens rea
What is the maximum sentence for burglary?
- 14 years - where a dwelling
- 10 years - where not a dwelling
s9(3) Theft Act 1968
What is the maximum sentence for aggravated burglary?
Life imprisonment
s10(2) Theft Act
Why is there the maximum sentence for aggravated burgulary?
- Could be frightening
- Lead to fatal consequences
Section 10(1)(b)
Weapon of offence = any article
* Made or adapted for causing injury / incapacitating
* Which at the time of committing, the D possesses with the intention of causing injury or incapacitating a person
R v Stones
- Burgled, had knife, claimed self defence
- Phrase “intended for such use” does not impose requirement to prove the use was with respect to the burglary
Does the offensive weapon need to be intended for use in the burglary?
No need to prove in relation to burglary
R v Kelly
- Screwdriver
- Stabbed with screwdriver, and arrested with video and screwdriver
Screwdriver became a weapon of offence when intended to use it for causing injury or incapacitating
= intent and time of theft
When must the Defendant have the weapon of offence on them?
At the time of committing burglary
s9(1)(a) = point of entry
s9(1)(b) = point of attempt
R v O’Leary
- Appellant forced entry into house unarmed
- Picked up knife and then injured
- Charged under s9(1)(b) aggravated.
Had weapon at the time he stole
R v Francis
D’s werearmed with sticks, allowed to enter after demanding entry. Discarded sticks and stole.
Convictions for Agg Burg quahed as no evidence at point of entry were intending to steal.
R v Klass
- Pole in hand, opened caravan door and demanded money
- Ran outside of caravan
- Assualted with pole by one of the accomplices
- Then entered building and stole, no evidence of weapon
Appeal allowed as no entry into building with a weapon
