Burglary Flashcards
What are the two types of burglary?
Section 9(1)(a) burglary and Section 9(1)(b) burglary
for a s 9(1)(a) burglary, the defendant must?
- Enter as a trespasser;and
- Have the intention to commit one of these ulterior offences as they do so:
- Steal;
- Inflict grievous bodily harm; or
- Unlawfully damage property.
The burglary is committed at the point of entry. It does not matter whether or not the defendant goes on to commit the ulterior offence. The key issue is whether the defendant intended to commit the ulterior offence at the point of entry.
for a s 9(1)(b) burglary, the defendant must?
- Have entered as a trespasser; and
- Once inside:
- Steal or attempt to steal; or
- Inflict, or attempt to inflict, grievous bodily harm.
The burglary is committed at the point of attempt or commission of the theft or infliction of grievous bodily harm.
Does partial entry constitute as Section 9(1)(a): actus reus- enters?
Yes
HELD: The Court of Appeal held that partial presence is all that is required and that it did not matter that the defendant was not physically able to steal from the premises.
In what ways can D enter as a trespasser?
Without consent; or
* In excess of authority- at times the defendant can still be a trespasser even if given consent to enter.
For burglary, it must be proved that a person entered a building (or part) as a trespasser. Where, at the time of entering, a person is not a trespasser, but later becomes one (for example, by exceeding any express or implied limitation on the permission to be on the premises), there can be no conviction for burglary.
Do D need to know they are a trespasser?
It need not be proved that the defendant knew in law that they were a trespasser. The defendant merely has to know or be reckless as to the facts which make them a trespasser, for example acting in excess of permission.
Intending to commit one of the ulterior offences contained in s 9(2) TA 1968 at the time of entry?
It must be proved that upon entry the defendant intended to commit one of the ulterior offences listed in the TA 1968, s 9(2). Therefore, upon entry the defendant must:
* Intend to steal from the building or part of the building; and/or
* Intend to inflict GBH on any person in the building or part of the building; and/or
* Intend unlawfully to damage the building or anything in the building or part of the building.
Does conditional intent fall under the MR for s9(1)(a) burglary?
what if the intention of the defendant is simply to have a look inside the property and only steal anything they feel is worth stealing?
Such a conditional intention has been held to count as an intention in AG’s References (Nos 1 and 2 of 1979) [1979] 3 All ER 143 (CA).
What is needed for aggravated burglary?
First it is necessary to establish that a burglary under s 9(1)(a) or(b) has occurred.
- If so, for s 10 to apply, the defendant must have with them, at the time of the burglary, one of the articles set out in s 10 (1) (a – c), that is:
- Firearms or imitation firearms;
- A weapon of offence which ‘means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use’; or
- Explosives.
- For aggravated burglary relying on a:
- Section 9(1)(a) offence- the defendant must have this article with them when entering the building; or
- Section 9(1)(b) offence- the defendant must have this article with them when committing the theft (or attempt) or the grievous bodily harm (or attempt).
What are the maximum sentences for burglary?
he maximum sentence for burglary is set out in s 9(3) Theft Act 1968 as:
* 14 years- where the building or part of a building was a dwelling; or
* 10 years- in any other case.
* The maximum sentence for aggravated burglary is set out in s 10(2) as life imprisonment.
Felix commits burglary.
He has a firework in his pocket.
Is Felix guilty of aggravated burglary and if so how?
Felix is guilty of aggravated burglary as the firework is an explosive
A firework is an explosive by virtue of s 10(1)(c). It is an article manufactured for the purpose of producing a practical effect by explosion. There is no need for him to intend to do anything with the firework during the burglary.
Felix commits burglary.
He has in the bottom of his rucksack an imitation handgun which he is looking after for a friend, but does not intend to use. The handgun is not capable of being fired.
Is Felix guilty of aggravated burglary and if so how?
Felix will be guilty of aggravated burglary as long as he has the rucksack with him during the burglary
A handgun is a firearm, so an imitation handgun is an imitation firearm by virtue of s 10(1)(a) as it will have the appearance of being a firearm. This subsection states that it doesn’t matter that the imitation gun is incapable of being discharged. There is nothing to say that he has to intend to use the imitation firearm.
Felix commits burglary.
In the kitchen he picks up a knife which he intends to use on anyone who disturbs him.
Is Felix guilty of aggravated burglary and if so how?
Felix is guilty of aggravated burglary
e kitchen knife is a weapon of offence by virtue of s 10(1)(b). It is not made to cause injury or to incapacitate a person, nor is it adapted for use for doing this, but it is intended by the person having it with him for such use. It is intended to be used to injure a person. Intention includes conditional intention i.e. to use the knife in the event that someone disturbs him.
A man goes to his neighbour’s house, at his neighbour’s request, to feed the cats while the neighbour is on holiday. The man decides, before entering the house, that he will see if there is any money lying around which he can take. There is no money lying around.
Will the man be criminally liable for burglary on entering the house?
The man will be liable for burglary on entering the house
The man will not be liable burglary on entering the house as he does not find any money to steal
The man will not be liable for burglary on entering the house as he believes he had the neighbour’s permission to be there
The man will not be liable for burglary on entering the house, but will be liable if, later, he enters a part of the house where he does not have his neighbour’s permission to be
The man will be liable for burglary on entering the house if there is money in the house
The man will be liable for burglary on entering the house
Correct. He will be liable for a s 9(1)(a) offence as he has entered the house as a trespasser. He knew he was a trespasser and, at the time of entry, intended to steal. See R v Jones and Smith for entry in excess of permission constituting trespass and AG’s Ref (Nos 1 & 2 of 1979) for conditional intention being equivalent to intention.
The other options are incorrect.
Trespass occurs where the defendant enters a building or part of a building either without any permission or in excess of permission to be there.
The defendant must know or be reckless as to the facts which make him a trespasser.
A conditional intention to steal will suffice as part of the mens rea for burglary.
For a s 9(1)(a) offence, it is not necessary to prove that theft occurs.
What is a building?
a structure of significant size with some degree of permanence; this would include, for
example, houses, offices and warehouses but also garden sheds.
Section 9(4) provides further guidance on the definition of a building by confirming that
inhabited vehicles and vessels, such as houseboats, are included.
