Burglary Flashcards
Introduction?
S9(1)(a) - Enters a building or part of a building as a trespasser with the intent to steal, or inflict grievous bodily harm, or do unlawful damage.
S9(1)(b) - Having entered a building or part of a building as a trespasser steals, or attempts to steal, or inflicts or attempts to inflict grievous bodily harm.
Entry: Definition?
To be liable for burglary D must “enter”, S9 Theft Act - no definition for “entry”.
Entry: Partial or ineffective entry?
Ryan - Partial and ineffective entry is still entry. It does not matter if you are not able to steal anything.
Trespasser: Invited?
Collins - By entering building without permission D becomes a trespasser.
D was invited in so he is not a trespasser.
Trespasser: Beyond Permission?
Smith v Jones Going beyond permission, where the D is given permission to enter, but then goes beyond that permission (before they enter) he/she becomes a trespasser.
Building: S9(4)?
Theft Act 1968 building includes inhabited vehicles or vessels, this includes caravans.
Building: Boat?
R v Coleman - A houseboat is a building.
Building: Shed?
R v Rodmell - A shed is a building.
Building: Lorries?
Norfolk Constabulary v Seekings and Gould - Lorry trailers which are resting on wheels are not inhabited vehicles or buildings under S9(4) therefore, not buildings, therefore not burglary.
B and S v Leathley - Lorry trailer that is resting on railway sleepers therefore, was an inhabited vehicle or building under S9(4) therefore, buildings, therefore burglary.
Part of a building: Definition?
No definition for part of a building in Theft Act. Walkington provided one - A definable area within a larger space. D could be a lawful visitor in one part of the building but a trespasser in another.
Intent?
9(1)(a) - Intent to 1. Steal, 2. GBH, 3. Criminal damage as he enters as a trespasser. D forms intent before they go until the building.
9(1)(b) - Attempt (or does) 1. Steal, 2. GBH having entered as a trespasser. D forms intent when in the building.
Walkington - A conditional intent is adequate for burglary.
