Burgalry Flashcards
Definition - S. 9(1)(a)
They enter any building/part of a building as a trespasser with the intent to steal (theft), inflict GBH or cause damage to the property. This section is all about the INTENT even if they didn’t manage to do it
Definition - S. 9(1)(b)
Having entered any building or part of a building as trespasser he steals (theft) or attempts to steal or inflicts GBH. This is all about ACTUALLY DOING THE ACT.
Difference between S. 9(1)(a) and S. 9(1)(b)
For S. 9(1)(a) the intention to commit one of the 3 crimes must be present at the time the defendant enters the building as a trespasser even if they don’t do it. For S. 9(1)(b) the defendant can form the mens rea for the offence after he has entered.
Actus reus elements S. 9(1)(a)
1) Entry
2) Building
3) As a trespasser
Actus reus elements S. 9(1)(b)
1) Entry
2) Building
3) As a trespasser
4) Committing the actual offence
Actus reus - Entry - General rule
Go right inside the building or part of the building with his whole body in order to commit an offence
Actus reus - Entry - Less than complete entry
Partial entry e.g defendant puts his hand through an open window to remove a purse. There must be an effective entry for the purpose of burgalry.
Actus reus - Entry - Using an instrument
Insertion of an instrument into a building was an entry by the defendant if that instrument was used to commit an offence.
Actus reus - As a trespasser - Definition
They must enter without the knowledge or permission of the owner or person otherwise entitled to grant permission. Proof that defendant entered without consent/permission and that he knew (or was reckless as to the fact) that he had no consent or permission to enter.
Actus reus - As a trespasser - Express/implied permission
The defendant must at the time of entry intend to exceed the terms of the consent given or at least be reckless as to whether those terms will be exceeded. If it can be proved that a shoplifter intended to steal before and on entering the shop he could be charged with the offence.
Actus reus - Entry - Non-typical structures
Inhabited vehicles and vessels are within the meaning of building. If someone lives in it then it will be a building.
Mens rea - Requirements S. 9(1)(a)
1) Defendant must know or be reckless as to whether he was a trespasser
2) Ulterior intent
Mens rea - Requirements S. 9(1)(b)
1) Defendant must know or be reckless as to whether he was a trespasser
2) Specific offence - can be formed after entry into building
Mens rea - Defendant must know or be reckless as to whether he was a trespasser
At the time of entry into the building the defendant must either know he was entering as a trespasser or be reckless as to whether he was a trespasser or not.
Recklessness = defendant foresaw the risk that he does not have permission to enter and go on to take that risk
Mens rea - Ulterior intent
Only for S. 9(1)(a). Defendant had the intent before entry or at time of entry to commit theft, GBH or criminal damage. If the defendant intended to steal only if he could find something of value this will satisfy ulterior intent requirement
