burglary Flashcards
section 9.1.a
d enters any building or part of building as a trespasser with intent to steal, inflict GBH or commit unlawful damage
section 9.1.b
having entered any building or part of building as a trespasser d steals or attempts to steal, inflict GBH or attempts to inflicts GBH - easier to prove
dwelling
house
non dwelling
non house
dwelling - Sticklen
burgled a house under renovation - TJ = dwelling COA non dwelling as it was undergoing repair
Flack
COA confirmed that question of fact for future
Entry
‘any unauthorised insertion’ will amount to a successful entry
Collins
COA - defendant ‘must of made an effective (commit end crime at point of entry) and substantial (most of Ds body)entry’ - lacks definition so led to acquittals
Brown
D found 50% inside the shop and 50% out - LP guilty under 9.1.a effective only confirmed full body isn’t needed
Ryan
trapped burglar with head and arm in window at 2am- LP - guilty under S.9.1.a not S and E current interpretation is any insertion
Building
Section.9(4) must be fairly permanent, inhabited vehicles so long as it is actively occupied but doesn’t have to be occupied
Stevens v Gourley
wooden structure that was been used as a shop. LP - considerable size and time test, so building
B and S v Leathley
25ft freezer used to store meat which D stole. LP - guilty, section 4 its a building - considerable size and time
Seekings and Gould
lorry trailer used for storage - its on wheels and wasn’t inhabited. LP - not guilty is not a building but a vehicle
Part of building
d has permission to be in one part of a building but ventures into another part
Laing
d was found in a stock room after store closed to the public. LP - COA NG, prosecution tried him for entry to the store, no evidence
Walkingtons
d went behind the counter (staff only), opened the till to find no money so left. LP - guilty under S.9.1.a COA confirmed it was irrelevant there was no money, T2 part of doesn’t have to be a separate part of building
Trespass
T1 - without permission
T2 - ventures prohibited area
T3 - exceeds permission
D must intend or be reckless at the point of entry, if D enters and then decided to steal NG of burglary
Collins
ladder to drunk girls window with the intention to have sex, she invited him in and they had sex. TJ - guilty under S.9.1.a upon the offence of rape, COA quashed conviction as he didn’t enter knowing he was a trespasser - didnt discuss where he was on the window sill
Jones and Smith
D stole TVs from dads house, he has general permission. LP - guilty of burglary under S.9.1.b T3 exceeded permission, extended trespass to far as it should of been theft
conditional intent
breaking into property with the intent to steal anything with value
