Burgalrly Flashcards
What is burglary and what Section is it contained?
Burglarly is contained in S9 of the theft act 1968. A Burglary is committed if someone enters the building as a trespasser intending to steal, cause criminal damage or GBH whether or not they succeed in this.
It does not matter whether they succeed in this or not as the important element is whatever their intention was at the time that they first entered.
What type of offence is Burglarly?
Burglary is an either way offence unless the defendants intention on entering was to commit an indictable only offence.
It also becomes indictable only if the allegation is that the defendant subjected a person in a dwelling to actual violence.
What is the maximum sentence for burglary in the magistrates court
6 months
What is the Maximum sentence for burglary in the Crown Court
14 year imprisonment for offences in dwellings and 10 years for offences not in dwellings.
How else can someone be a trespasser
If a person has permission to be in one part of a building but not another would be entering as a trespasser
What does S9(4) state
Burglarly can be committed on a ship or vehicle provided it is normally inhabited, whether or not the occupant was present at the time.
What is the Actus reus of burglary.
The Acts Reus of burglary requires a person to have entered the premises.
Per R v Collins 1973 it was stated that entry needed to be “effective and Substantial”. However the ruling in Collins was rejected by the Court of Appeal in R v Brown 1985 as it was held that “substantial” was surplus to the requirements and that entry only need to be ‘effective’.
KNOW THE JIST OF BROWN 1985
How can Burglarly be evidenced
Evidence of a Burglary can be drawn from the fact that the defendant is in possession of item only recently stolen R v Smythe.
What element needs to be present in order for a burglary to be made out
a person must be present as a trespasser to commit a burglary
What is important to find out when dealing with burglary at the police station
To find out what previous convictions they may have as its important to know whether or not they are on 3 strikes. the third strike is triable on indictment and a mandatory 3 year minimum sentence
check the custody record to check what the client had on them upon arrest and where and when they arrested.
what is the ‘doctrine of recent possession’ and why is this important?
Your client may be found in possession of items recently stolen, this is a legal presumption that assists the crown and the prosecution. If he or she is in recent possession of items stolen in a burglary then it is deemed that they are the burglar.
What doe section 36 of the criminal justice and public order 1994 outline
it is a special warning to the suspect in the interview adverse inferences may be drawn if he or she fails to mention at the interview stage and account for objects found on him at time of arrest.
Section 37 of the Criminal justice and public order act 1994
Being asked to account for his presence at or near the scene of the crime upon arrest
Sentencing for aggravated burgalary
Triable only on indictment Maximum: Life imprisonment
Offence range: 1–13 years’ custody
Domestic burglary sentencing
There must be intent to
(a) inflict grievous bodily harm on a person, or
(b) do unlawful damage to a building or anything in it.
Triable either way
Maximum when tried summarily: Level 5 fine and/or 26 weeks’ custody Maximum when tried on indictment: 14 years’ custody
Offence range: Community order – 6 years’ custody
