Burglary ✅ Flashcards
What is the first way of committing burglary under s9 (1)(a)?
A person is guilty of burglary if he enters any building or part of a building as a trespasser and with the intent of
- stealing anything in the building in question
- inflicting on any person therein any grievous bodily harm
- doing unlawful damage to the building or anything therein
What is the second way of committing burglary under s9 (1)(b)?
A person is guilty of burglary if having entered any building or part of a building as a trespasser he
- Steals or attempts to steal anything in the building or that part of it
- inflicts or attempts to inflict on any person therein any grievous bodily harm
What is the significance of R v Collins?
Entry has occurred if it is “an effective and substantial entry” A person does not enter as a tresspasser unless he knowingly or recklessly enters
What is the significance of R v Brown?
Definition was changed from an effective and substantial to “an effective entry”
What was the significance of R v Ryan?
Was the entry effective and substantial? A test to see if entry is completed
What are the three areas of men’s Rea needed for burglary?
Intention to enter as a trespasser
Intention for an ulterior offence
Conditional intent
What is meant by conditional intent?
Stealing if there’s something worth taking
True or False: D must enter as a trespasser in order to commit burglary
True
What are some examples of a building? (Other than the obvious)
Houseboats
Caravans
Outbuildings
Sheds
What is the significance of Stephens v Gourley? (Classic definition of a building)
Defined a building as “a structure of considerable size and intended to be permanent or at least to endure for a considerable amount of time”
What is the significance of B&S v Leathley?
Freezer was held as a building as it had doors, locks and was connected to electricity so held to be a structure of considerable size and intended to be permanent or at least to endure for a considerable period.
What is the significance of Norfolk constabulary v Seekings and Gould?
Stole from trailers being used as temporary storage - not buildings as if it’s a vehicle or vessel it has to be inhabited in which it was not
What’s the significance of R v Walkington?
Conditional intent from part of a building - behind a staff only area
How can somebody be a trespasser?
Prosecutor must prove D knew he was trespassing or was subjectively reckless as to whether he was
What does subjectively reckless mean?
Had foreseen the risk but took it anyway
