Burglary Flashcards
Two definitions
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, GBH or criminal damage
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 inflict, or attempts to inflict, GBH
Must be an effective and substantial entry
R v Collins
Entry need not be substantial as long as its effective
R v Brown
Gained some level of entry
R v Ryan
Buildings
S.9 (3)- inhabited places such as houseboats or caravans
Outbuildings and sheds
R v Rodmell
Doors with locks and connected to electricity supply
B and S v Leathley
Addition of wheels - more a vehicle
Norfolk Constabulary v Seekings and Gould
Defendant must know they were trespassing or defendant was reckless
R v Collins
Gone beyond scope of owners permission to be in the building
R v Smith and Jones
Must prove at time of entering he was a trespasser
R v Laing
mens rea
For S.9 (1)(a)- defendant must have intention to commit 1 of 3 offences
Sentencing
Powers of the Criminal Courts (sentencing) Act 2000= repeat offender, min of 3 years imprisonment
Consider victims impact rather than cash value of items stolen or damaged
R v Saw