Burglary Flashcards
What are the 2 forms of burglary?
s9(1)(a) and s9(1)(b)
What is the law on s9(1)(a) burglary?
Theft Act 1968
(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or . . .
(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm and of doing unlawful damage to the building or anything therein
What is the sentence?
Triable on indictment if ‘ulterior offence’ is so triable, or if committed in dwelling and violence used; otherwise triable either way
14 years’ imprisonment if building/part of building is dwelling
Otherwise 10 years’ imprisonment on indictment
What are the points to prove?
Enters
Building or part of a building
Trespasser
Intent
Steal, commit GBH, commit unlawful damage
What does the term entry mean?
The Theft Act 1968 does not define the term ‘entry’
Common law rule- the insertion of any part of the body, however small, was sufficient to be considered an ‘entry’
Whether D has entered a building or not will be question of fact for the jury or magistrate(s)
Accepted case on the term entry
R v Brown [1985]
COA ruled that the entry needs to only be ‘effective’ and not ‘substantial’, as previously suggested in R v Collins [1973]
What are the facts of R v Brown?
D had his feet on the ground outside the building as he searched for goods to steal; this was held to be an entry
COA stated that it would be astounding if a smash-and-grab raider, who inserted his hand through a shop window to grab goods, was not considered to have ‘entered’ the building
What does an effective entry mean?
An ‘effective’ entry does not mean that D has to enter a building or part of a building to such a degree that the ulterior offence, which he/she is entering with the intention to commit (the theft, grievous bodily harm or criminal damage), can be committed (R v Ryan [1996]). Nor does it mean D must get his/her whole body into the building
What are the facts in R v Ryan?
D, who had become trapped by his neck with only his head and right arm inside the window, was held to have ‘entered’ the building
Does the insertion of an instrument constitute entry?
At common law, the insertion of an instrument would constitute entry as long as the instrument was inserted to enable the ulterior offence to take place, e.g. a hook inserted into premises to steal property or the muzzle of a gun pushed through a letterbox with a view to cause GBH. Insertion of an instrument merely to facilitate entry, e.g. using a coat hanger to open a window lock, would not be entry. Although there is no recent authority on the issue, it is likely that this line of reasoning in relation to the use of instruments in burglary is still acceptable
Can entry be accidental?
Entry must be deliberate and not accidental
What if someone uses an innocent agent (eg: child or trained animal) to gain entry and commit burglary?
The person giving the order would still be guilty of burglary, if they did not themselves enter the property.
What does trespasser mean?
D must know or be reckless as to the fact they are entering as a trespasser (i.e. they must know they are entering without a right by law or with express or implied permission to do so) or be reckless as to that fact
What if D enters for a legitimate purpose?
Sometimes D may have general permission to enter a building or part of a building for a legitimate purpose; however, the true intention of D when entering is not for that legitimate purpose but in order to steal or commit GBH or to cause criminal damage. As these intentions invariably form no part of the permission to enter the building or part of it, any entry in such circumstances means that D becomes a trespasser the moment he/she enters the building or part of the building.
What happens if D exceeds the granted permission?
The exceeding of the granted permission places the defendant in a position of being a trespasser from the outset
Case- trespasser
R v Jones and Smith [1976], where D was convicted of burglary when he took 2 TV’s from his father’s home. He had a key to the premises and was free to come and go as he liked but when he entered his father’s house (using the key) accompanied by a friend at 3am and stole the television sets, he committed burglary as it was his intention to steal as such an intent voids the general permission to enter
What is meant by building? Case?
A building is generally considered to be a structure of a permanent nature with walls and a roof. (Gould [1986])
Eg: houses, shops etc… but also includes out houses, sheds etc…
What about structures that have attributes of a building? Case?
Substantial portable structures with most of the attributes of a building can be a building for the purposes of burglary
B & S v Leathley [1979]- portable container measuring 25ft by 7ft by 7ft and weighing three tons, which had occupied the same position for three years and was connected to mains electricity and which was due to remain in the same position for the foreseeable future, was considered to be a building for the purposes of burglary
Is an unfinished house a building? Case?
An unfinished house can be a building for the purposes of burglary (R v Manning (1871), although at what precise point a pile of building materials becomes an ‘unfinished house’ and therefore a building or part of a building would be a question of fact for the jury to decide
Are tents and marquees buildings?
Tents and marquees are considered to fall outside the term, even if the tent is someone’s home (the Criminal Law Revision Committee intended tents to be outside the protection of burglary)
Are inhabited vehicles and vessels buildings?
The effect of s. 9(4) is to include inhabited vehicles and vessels (such as house boats or motor homes) within the term. A canal boat that is not inhabited is not a building as, whilst it may be capable of habitation, it is not being lived in.
Eg: vessels will be buildings when they are someone’s permanent home. If it is only used as a holiday home for example then it will be a building whilst it is being used for those periods.
Tents are not buildings are at all!!
What is meant by part of a building?
People may commit burglary when, although they are in one part of a building with legitimate access, they enter another part of it as a trespasser
Eg: tenant in a block of flats with access to communal foyer and their own room
COA decided it is for the jury to decide whether an area physically marked out is sufficiently segregated to amount to ‘part of a building’
Case- part of a building
R v Walkington [1979]- D walked behind a movable sales counter in a shop with the intention to steal and was found guilty of burglary as this was held to be part of a building
A ‘No Entry’ sign or a rope could mark off one part of a building from another
What must the intentions be at the time of entry?
- Stealing- Intention to commit theft under s1. Doesn’t include abstracting electricity, as it is not property under s1 (Low v Blease [1975]), neither will it include taking a conveyance (no intention to permanently deprive). The property which D intends to steal must be in a building or part of a building
- Inflicting GBH (s18)- Not necessary to prove a wounding/GBH offence was actually committed (Met Police Commissioner v Wilson [1984]).
- Causing unlawful damage- Includes damage to the building and anything in it
