Burglary

Question 1

Ryan (1996)

Answer 1

The CofA upheld the conviction stating that the defendants partial presence within the building amount to injury as it was classed as effective entry

Question 2

Stevens v Gourley (1859)

Answer 2

Judges stated a building needs two elements: a fairly permanent structure and to be of considerable size

Question 3

B and S leathley (1979)

Answer 3

The freezer container was a building as it had been in the same place for 3 years

Question 4

Norfolk Constabulary v Seekings and Gould (1986)

Answer 4

The character of the structure hadn’t changed they were still vehicles and weren’t a building for the purpose of robbery

Question 5

Walkington (1979)

Answer 5

The defendants conviction for burglary under S.9(1)(a) was upheld as he entered part of a building with intent to steal

Question 6

Collins (1972)

Answer 6

The CofA quashed the defendants conviction for burglary as he couldn’t be a trespasser if he wasn’t aware of it and he wasn’t reckless in becoming a trespasser

Question 7

Smith and Jones (1976)

Answer 7

If a person knows or is reckless at going beyond their permission they will be classed as a trespasser

Question 8

A-G Reference (Nos 1 and 2 of 1979)(1979)

Answer 8

The CofA held that the trial judge had made an error of law, conditional intention to steal whatever there is worth stealing is still intention to steal.