Burglary Flashcards
S9 Theft act 1968
Burglary S9(1)(a):
“D enters any building or part of a building as a trespasser with intent to commit theft, GBH or unlawful damage;”
OR
Burglary S9(1)(b):
“D enters any building or part of a building as a trespasser and commits theft or GBH:”
Key elements of Burglary
1) Enter
2) Building or part of a building
3) Trespasser
S9(1)(a)
“With intention to commit theft, GBH or unlawful damage”
S9(1)b)
“Commit theft or GBH”
Enter (R V Brown 1985)
A man was rummaging through the broken front window of a branch of Argos.
His feet were on the ground but the top half of his body was inside the shop
HELD:
This was an effective entry. The word “effective” was preferred; the previously used word “substantial” did not assist
The Entry was “Effective” as the D was in position to steal, and so this element of the offence of burglary was satisfied.
Entry (R V Ryan 1996)
D got stuck in the window of an old person’s house with his head and one arm inside. The fire brigade had to remove him.
D was convicted of burglary, and appealed as he could not have stolen anything in that position.
HELD:
An entry can be effective even if only a part of D’s body is inside the premises, and it is up to the jury to decide this based on the facts of the case.
(Need not be the whole body)
(Must be “effective”)
Building or part of a building (What did Stevens V Gourley 1859 state a building was?)
“A Structure with a degree of permanence designed to endure for some time”
S9(4) inhabited vehicles and vessels (also qualify as buildings)
Building or part of a building (R V Walkington 1979)
D went into a department store.
He went behind the counter and opened the till.
HELD:
“This was part of a building that D was not entitled to enter”
(Juries decision)
What is a Trespasser?
1) When a person has no permission or legal right to enter a persons building
2) D intends or risks trespassing
3) D given permission, but exceeds his permission within the building
(R V Jones & Smith 1976)
V was the occupier of a house. He has given his son a general permission to enter the house. His son then entered the house in the dead of nigh with an accomplice and stole two televisions.
HELD:
The D had exceeded his permission by entering the house for the purpose of stealing, and so was a trespasser
Mens Rea of Burglary
S9(1)(a)
“With intention to commit theft, GBH or unlawful damage”
Conditional intent (Attorneys Generals references 1 & 2 1979)
Anything worth stealing is conditional intent (on entry)
S9(1)(b)
“And commit theft or GBH”
Sentencing
Indictable offence triable in the crown court
Max sentence is 10 years or 14 years for burglary of a dwelling house
