Burglary Flashcards
What does s.9(1)(a) state?
The d. will be guilty if he enters intending to commit one the three ulterior offences (theft, GBH or criminal damage).
What does s.9(1)(b) state?
He is guilty if he enters and commits GBH or steals.
What did R v. Ryan demonstrate?
To enter, the d. merely needs to place one limb into the building. Here, d. got his arm stuck in a window.
What did Norfolk Constabulary v. Seeking establish?
A trailer used for storage was not a building.
Which case decided that a 16x13 wooden shed was a building?
Stephens v. Gourley
What did R v. Walkington decide?
A person who enters a building may become a burglar if he goes beyond the permission given to him.
Which case defined trespass and what was the definition?
R v. Jones and Smith. A person was a trespasser if he ‘entered in excess of permission given to him to enter’.
What is the mens rea for burglary?
s.9(1)(a) - theft, criminal damage or GBH.
s.9(1)(b) - theft or GBH
Also intentionally or recklessly trespassing.
