Burglary

Question 1

Where is Burglary defined and what is the definition

Answer 1

Section 9 of the theft act 1968
s9(1)(A) - enter building as trespasser with intent to steal, inflict GBH, or do unlawful damage

S9(1)(B) - entered a building or part of a building as a trespasser, attempt to steal, attempt to cause GBH

Question 2

Section 9 (1)(A)

Answer 2

Enters part of a building or a building as trespasser with INTENT to

• steal
• inflict GBH
• do unlawful damage

Question 3

Section 9(1)(B)

Answer 3

Enters building or part of a building as a trespasser:
- steals or attempt to steal
OR
- inflicts or attempts to inflict GBH

Question 4

There must be entry

Answer 4

R v Brown - ‘effective entry’ - was the D able to steal where they had entered? even if only their arm Was in the building

Question 5

Building

Answer 5

includes inhabited places such as houseboats and caravan (DEFINED IN THE ACT)
No basic definition of building - however includes through precedent :
- houses
- schools
- flats
- offices/ factories
- outbuildings/sheds= R v Rodmell

Question 6

What did V and S v Leathley show about buildings

Answer 6

a 25ft freezer container with locks, doors and connected to electricity supply was considered to be a building

Question 7

‘Part of a building’

Answer 7

covers situations where D had permission to be in one part of the building but not another
R v Walkington - walked behind counter at store and took money from the counter - wasnt permitted to be behind the counter and so was convicted under section 9(1)(A)

Question 8

’ As a trespasser’

Answer 8

a person can only be considered a trespasser where they knowingly thought they were a trespasser or where they were reckless as to whether or not they were entering the premises of another without their consent
- R v Collins = V invited D in and therefore was not a trespasser

Question 9

‘Going beyond the permission’

Answer 9

where d is given permission to be in one area of a building but not another
R v Smith and Jones = D went into his fathers home and took two telly sets, D was not a trespasser however the court of appeal ruled that
‘ D is a trespasser for the purposes of s9(1)(B) where he enter premises of another knowing that he is entering in excess of the permission that he has been given or being reckless whether he is entering in excess of his permission

Question 10

Mens rea for burglary

Answer 10

S9(1)(A) AND S9(1)(B)
- entering premises as trespasser or being reckless as to whether they are trespassing
SECTION A - intention to commit 1 of the three crimes (If D enters with conditional intent this is still satisfactory for conviction