Burglary

Question 1

What are the sections of burglary?

Answer 1

S9 (1) (a)

S9 (1) (b)

Question 2

What is the AR of S9 (1a + b)

Answer 2

Enters a building, or part of a building as a trespasser.

Question 3

What is the MR of S9 (1) (a)

Answer 3

Intention to:

• Steal
• Inflict GBH
• Do unlawful damage

Question 4

What is the MR of S9 (1b)

Answer 4

Intention is irrelevant.
They only have to: steal/attempt to steal, or
-Inflict/attempt to inflict GBH

Question 5

What are the two ways of committing burglary?

Answer 5

A) D enters with intent of doing one of the 3 motives, doesn’t necessarily mean ulterior motive has to take place.
-B) D has entered and stolen or inflicted or attempted GBH. Intention is irrelevant.

Question 6

How has the understanding of ‘entry’ changed over time? (include cases)

Answer 6

• Collins (1972): deemed as ‘effective and substantial’
• R v Brown (1985): modified to ‘effective’
• Ryan (1996): no mention of ‘effective’. Deemed as ‘sufficient’

Question 7

Burglary: Part of a building? (+ case)

Answer 7

When the trespasser may have permission to one part of a building, but not another this can also be part of burglary.
-R v Walkington

Question 8

Burglary: Building

Answer 8

Can include things like caravans and houseboats.

Question 9

What cases can be used regarding Building?

Answer 9

Leathley (1979) - a freezer container was a ‘building’.

Rodmell - stated breaking into outbuildings is burglary.

Question 10

Burglary: ‘going beyond permission’

Answer 10

Someone is also a trespasser if they go beyond permission to be somewhere.

• If they abuse the permission and steal this can be burglary.
• R v Smith and Jones