Burglary^ Flashcards
Act?
Theft Act 1968
s.9 (1) (b)
s.9 (1) (a)
Elements
Entry
Building or Part of it, also a caravan or houseboat
Trespasser - not expressed or implied permission
Mens Rea
R V Brown
entry need not be complete but must be effective
B & S V Leathley
a freezer used as a storage unit was a building
Seekings & Gould
a lorry trailer used as a storage unit was not a building but still a vehicle
R V Walkings
you can be a legal visitor in one part a building but a trespasser to another
R V Jones & Smith
abused their permission to be there and become a trespasser
Mens Rea + Sections
know or be reckless to being a trespasser
S.9 (1)(a) - just enter
- intention to commit an alterior offence
s.9 (1)(b) - enter and commit or attempt
S.9 (1)(a)
just enter
- intention to commit an alterior offence
- not necessary stealing, just have intention of offence and being a trespasser
S.9 (1)(b)
s.9 (1)(b) - enter and commit or attempt
- once entered as a trespasser, the D commits or attempts a theft or GBH
R v Ryan
entry need not be complete nor effective