Burglary Flashcards
Common Elements of s.9(1) TA 1968
“A person is guilty of burgalry if they
- enter a building or part of a building
- as a trespasser “
S.9(1)(a) TA 1968
Ulterior intent
to commit:
theft
GBH
Criminal Damage
s.9(1)(b)
Commits or attempts to commit:
- GBH
- Theft
R v Brown
D was caught with half his body through a broken window
Court held that D’s entry only needed to be effective, thus guilty
R v Ryan 1996
D’s head and right arm were insdie the house when caught
Court convicted
R v Rodmell 1994
D was convicted of burglary of a garden shed
Court held that the shed is part of a persons home
Stevens v Gourley 1858
Defines a building as “A structure of considerable size and intended to be permenant or at least endure for a considerable time”
B & S Leatherly 1979
25ft long freezer container that had been kept as a storage unit for years. It rested on sleepers, was locked and had a power supply.
Court held it to be a building
Norfolk Constabulary v Seekings and Gould
Lorry trailer with wheels had been iused as storage for over a year, it had electrical supply and steps
Court held was not a buildinga s it had wheels
R v Walkington
D reached behind counter in debenhams in order to look for sometheing to steal
Charged and convicted of s.9(1)(a)
Appeal dismissed as court held the counter area was out of bounds and thus he was a trespasser in part of the building
R v Collins
Used a ladder to climb naked into V’s room - V thougjt was bf so invited in - V realised Midway though sex.
charged with s.9(1)(a) with included Rape at the time
CoA quahsed D had to have knowledge that he did not have permission or aware there was a risk he didnt
R v Jones & Smith
Smith & Jones went to Smiths dads house and stole 2 TV’s without dads knowledge or permission
CoA held they were in excess of their permission as general permission to enter home but not to steal
