Burglary Flashcards

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1
Q

Where is burglary defined?

A

S9(1) of the Theft Act 1968

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2
Q

What is s9(1)(a) burglary?

A

A person is guilty of burglary if he enters any building or part of a building as a trespasser and with intent to commit any offence mentioned in subsection (2) i.e. theft, GBH or criminal damage.

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3
Q

What is s9(1)(b) burglary?

A

A person is guilty of burglary if having entered into any building or part of a building as a trespasser, he steals or attempts to steal anything in the building/ part thereof or inflicts or attempts to inflict GBH.

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4
Q

What are the common elements of burglary?

A

AR:
-Entry
-A building or part of a building
-As a trespasser
MR:
-MR for trespass

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5
Q

Which element is specific to s9(1)(a)?

A

Intending theft, GBH or criminal damage when they enter.

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6
Q

Which element is specific to s9(1)(b)?

A

After entering, it’s actually trying to commit theft or GBH.

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7
Q

Is it possible to commit both a burglary under s9(1)(a) and s9(1)(b)?

A

Yes

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8
Q

What does entry mean?

A

R v Ryan- entry is a question of fact for the jury to decide on a case by case basis.

There also doesn’t have to be an effective entry and D doesn’t have to fully enter the building. Entry could also include an extension of D’s body like using a tool to reach through a window or letterbox.

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9
Q

What can count as a building?

A

S9(4)- building also applies to an inhabited vehicle or vessel.

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10
Q

What feature is considered to determine if something is a building?

A

B and S v Leathley- a high degree of permanence.

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11
Q

In which case was the structure not a building due to a lack of permanence?

A

Norfolk Constabulary v Seekings and Gould

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12
Q

What constitutes part of a building?

A

R v Laing- different rooms in a building count as different parts of the building.

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13
Q

What did the case of R v Walkington say?

A

Different parts of a room can be different parts of the building (behind the counter was a staff only area).

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14
Q

What is the general meaning of trespasser?

A

Not having permission/ authority to be somewhere.

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15
Q

When must the defendant be a trespasser?

A

When they enter the building or part of the building.

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16
Q

What did R v Smith and Jones say?

A

The defendant can exceed their permission by going somewhere they have permission for a purpose other than what is allowed.

17
Q

What if the defendant gains entry though fraud?

A

The defendant has no genuine permission to be there and so is regarded as a trespasser.

18
Q

What does mens rea for trespass mean?

A

D must either know that he doesn’t have permission to enter or he must realise that there is a chance he doesn’t have permission and enters anyway.

In R v Collins, D didn’t think he was a trespasser when entering as V had invited him in.

19
Q

What does intention to commit the ulterior offence mean (s9(1)(a))?

A

D must intend to commit one of the three ulterior offences at the time of entry. However there is no need for the ulterior offence to be actually committed.

20
Q

Is conditional intent sufficient for s9(1)(a) burglary?

A

Attorney General’s Reference (Nos 1 and 2 of 1979)- conditional intent is sufficient. This is because most burglars don’t know exactly what they will steal in advance.

21
Q

What must happen for S9(1)(b)?

A

D must actually commit a theft or inflict GBH or attempt to commit either once inside the building.