Burglary

Question 1

What is S.9(1)(a)?

Answer 1

“an offence committed by entering a building or part of a building as a trespasser, with the intent to commit theft, grievous bodily harm or criminal damage.”

Question 2

What is S.9(1)(b)

Answer 2

“an offence committed by the defendant entering a building or part of a building as a trespasser and then stealing, or attempting to steal, or inflicts, or attempts to inflict, grievous bodily harm.”

Question 3

What is entry? Is there a definition? Give case example?

Answer 3

Defendant must enter a building or a part of a building.
No definition of entry under the Theft Act 1968.
R v Collins - “an effective and substantial entry.”
R v Brown
R v Ryan

Question 4

What does R v Collins say?

Answer 4

“an effective and substantial entry.”

Question 5

What does R v Brown say?

Answer 5

Doesn’t have to be effective.

Question 6

What does R b Ryan say?

Answer 6

Doesn’t have to be substantial.

Question 7

What is S.9(3)?

Answer 7

S. 9(3) – includes inhabited places such as houseboats or caravans.
No basic definition of what constitutes as a building.
Usually easy to identify.

Question 8

Does it include outbuildings and sheds?

Answer 8

YES- R v Rodmell

Question 9

Are there issues relating to buildings classed as places of storage? Give case examples.

Answer 9

Yes.

B and S v Leathley [1979] YES
Norfolk Constabulary v Seekings and Gould [1986] NO- WHEELS SO MOVEABLE

Question 10

What does part of a building mean? Give a case example.

Answer 10

Part of a building may refer to a place where the defendant does not have permission to access, e.g. staffroom at college.
R v Walkington (1979)

Question 11

What does a trespasser mean? Give a case example.

Answer 11

Must enter the building, or part of the building, as a trespasser.
Those with permission to enter are not trespassers.
R v Collins [1973]
To succeed on a charge of burglary, the prosecution will need to prove that the defendant knew that he or she was trespassing or that the defendant was reckless as to whether he or she was trespassing.

Question 12

Is gaining entry through fraud is still trespassing for the purpose of the Act? Give a case example.

Answer 12

Yes! R v Smith and Jones [1976]

Question 13

What is coincidence in time? Give a case example.

Answer 13

Defendant must be a trespassers at the time they entered the building, or part of the building.
R v Laing (1995)

Question 14

What are the two parts of MR of Burglary?

Answer 14

Entering as a trespasser; and
The ulterior offence.

Question 15

Explain Mens Rea for both?

Answer 15

First, for both S. 9(1)(a) and S. 9(1)(b) the defendant must know, or be subjectively reckless, as to whether they are trespassing.

Question 16

Explain the added element of Mens Rea for S.9(1)(a)?

Answer 16

In addition, for S. 9(1)(a) the defendant must have the intention to commit one of the three offences at the time of entering the building.

Question 17

What is conditional intent?

Answer 17

Where the defendant is entering intending to steal anything they can find which is worth taking, then this is called conditional intent.

Question 18

Is conditional intent sufficient for a?

Answer 18

This is sufficient for the defendant to be guilty under S. 9(1)(a) even if there is nothing worth taking and they do not steal anything.

Question 19

Explain the added point for MR for b?

Answer 19

For S. 9(1)(b) the defendant must also have the mens rea for theft or grievous bodily harm when committing the actus reus of one of these offences.

Question 20

Explain the added point for MR for b?

Answer 20

For S. 9(1)(b) the defendant must also have the mens rea for theft or grievous bodily harm when committing the actus reus of one of these offences.

Question 21

Explain sentencing.

Answer 21

For both types of burglary, the maximum sentence is 14 years’ imprisonment where the property burgled is a dwelling, and 10 years where it is not a dwelling.

Question 22

What does the Powers of the Criminal Courts (Sentencing) Act 2000 provide?

Answer 22

that any repeat offender of burglary must be sentenced to a minimum of 3 years’ imprisonment.

Question 23

What does R v Saw say on sentencing? Also explain the rule of dwellings.

Answer 23

R v Saw (2009) - the courts must take into consideration the on-going affect and impact the burglary has had on the victim when deciding the sentence, rather than the cash value of items stolen or damaged, etc.

Higher sentence for someone who commits burglary of a dwelling.