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
What is the significance is R v Collins?
D climbed up ladder to woman’s bedroom, and has sex with woman who thought he was her boyfriend. Quashed as he didn’t know he was trespassing as woman invited him in
Can a person trespass in a place they have been given permission to enter?
If they go beyond permission, yes
What is the significance of Smith v Jones?
Went into parents house and stole - beyond permission even though he has a key
If someone enters a shop with intent to steal, does this go beyond permission?
Yes, however difficult to prove
