Burglary Flashcards
What is S.9(1)(a)?
“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.”
What is S.9(1)(b)
“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.”
What is entry? Is there a definition? Give case example?
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
What does R v Collins say?
“an effective and substantial entry.”
What does R v Brown say?
Doesn’t have to be effective.
What does R b Ryan say?
Doesn’t have to be substantial.
What is S.9(3)?
S. 9(3) – includes inhabited places such as houseboats or caravans.
No basic definition of what constitutes as a building.
Usually easy to identify.
Does it include outbuildings and sheds?
YES- R v Rodmell
Are there issues relating to buildings classed as places of storage? Give case examples.
Yes.
B and S v Leathley [1979] YES
Norfolk Constabulary v Seekings and Gould [1986] NO- WHEELS SO MOVEABLE
What does part of a building mean? Give a case example.
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)
What does a trespasser mean? Give a case example.
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.
Is gaining entry through fraud is still trespassing for the purpose of the Act? Give a case example.
Yes! R v Smith and Jones [1976]
What is coincidence in time? Give a case example.
Defendant must be a trespassers at the time they entered the building, or part of the building.
R v Laing (1995)
What are the two parts of MR of Burglary?
Entering as a trespasser; and
The ulterior offence.
Explain Mens Rea for both?
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.
Explain the added element of Mens Rea for S.9(1)(a)?
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.
What is conditional intent?
Where the defendant is entering intending to steal anything they can find which is worth taking, then this is called conditional intent.
Is conditional intent sufficient for a?
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.
Explain the added point for MR for b?
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.
Explain the added point for MR for b?
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.
Explain sentencing.
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.
What does the Powers of the Criminal Courts (Sentencing) Act 2000 provide?
that any repeat offender of burglary must be sentenced to a minimum of 3 years’ imprisonment.
What does R v Saw say on sentencing? Also explain the rule of dwellings.
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.
