7) Burglary

Question 1

What are the two types of burglary
…. Enter as a trespasser

Answer 1

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

Question 2

Section 9(1)(a)

Answer 2

• Enter as trespasser
• Have the intention
• To steal, inflict GBH, unlawfully damage property

Question 3

Section 9(1)(b)

Answer 3

• Enter as a trespasser
• Once iside
• Steal / attempt to steal
• Inflict / attempt to inflict GBH

Question 4

At what point is burglary committed in a 9(1)(a) offence?

Answer 4

• At the point of entry
• The key point here is INTENTION

Question 5

At what point is burglary committed in a 9(1)(b) offence?

Answer 5

• The point of attempt or commission of theft or GBH.

Question 6

What is the actus reus of burglary (s9(1)(a))

Answer 6

• Defendant enters
• A building or part of a building
• As a trespasser

Question 7

What is the mens rea of burglary (s9(1)(a))

Answer 7

• 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

Question 8

Is there any need for a burgalar to Steal/ GBH / damage if he enters as a trespasser with the intention to commit the offence?

Answer 8

No
Intention + Trespass is when the crime is committed

s9(1)(a)

Question 9

s9(1)(a) = entry

Answer 9

• Partial presence is all that is required
• Does not matter if not physically able to steal from premises
  R v Ryan

Question 10

R v Ryan

Answer 10

• 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.

Question 11

Building

Answer 11

s(9(4))
* Includes an inhabited vehicle or vessel - whether lived in at the time or nto
* Question of fact

Question 12

Stevens v Gourley

Answer 12

Building must be a structure of a considerable size and be intended to be permanent, or at least endure for some time

Question 13

B and S v Leathley

Answer 13

• Freezer container to store food
• Detached from chassis
• In position for 2 years, 25 ft long
• Fitted with electricity
  = Held to be a building

Question 14

Norfol Constabulary v Seekings & Gould

Answer 14

• Two similar containers wheeled chasssis
• Temporary storage.
• Eectricity
• Not a building - not inhabited.

Question 15

R v Walkington

Trespass in part of a building

Answer 15

• 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

Question 16

What are the two ways a Defendant can enter as a trespasser?

Answer 16

• Without consent
• In excess of authority

Question 17

R v Collins

Answer 17

Trespass = entry into building or part in possession of another, does not carry consent to enter.

Question 18

If a person doesnt enter a property as a trespasser, but later becomes one?

Answer 18

There can be mo conviction for burglary

Question 19

R v Jones & Smith

Answer 19

• 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

Question 20

Section 9(1)(a) Mens Rea

Answer 20

• 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

Question 21

What happens if the intention of the defendant was to look inside and only steal anything that they feel is worth it?

Answer 21

• Conditional Intent
• = Intention
  ** A-G References**

Question 22

A-G References

Answer 22

Conditional intention has been held to count as an intention

Question 23

Section 9(1)(b) burglary - GBH

Answer 23

• A number of offences can fall within the Offences Against the Person Act 1861
• Section 18 and 20

Question 24

Is an offence or mens rea required in relation to GBH?

Answer 24

No
R v Jenkins

Question 25

R v Jenkins

Answer 25

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**

Question 26

What does GBH not require

Answer 26

Mens rea

Question 27

What is the maximum sentence for burglary?

Answer 27

* 14 years - where a dwelling * 10 years - where not a dwelling **s9(3) Theft Act 1968**

Question 28

What is the maximum sentence for aggravated burglary?

Answer 28

Life imprisonment **s10(2) Theft Act**

Question 29

Why is there the maximum sentence for aggravated burgulary?

Answer 29

* Could be frightening * Lead to fatal consequences

Question 30

Section 10(1)(b)

Answer 30

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

Question 31

R v Stones

Answer 31

* 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**

Question 32

Does the offensive weapon need to be intended for use in the burglary?

Answer 32

No need to prove in relation to burglary

Question 33

R v Kelly

Answer 33

* 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

Question 34

When must the Defendant have the weapon of offence on them?

Answer 34

At the time of committing burglary s9(1)(a) = point of entry s9(1)(b) = point of attempt

Question 35

R v O'Leary

Answer 35

* 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**

Question 36

R v Francis

Answer 36

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.

Question 37

R v Klass

Answer 37

* 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**