burglary

Question 1

where is burglary defined?

Answer 1

Section 9 Theft Act (1968) – 2 different ways to commit burglary

Question 2

what are the two different way to commit burglary?

Answer 2

Section 9(1)(a)
Section 9(1)(b)

Question 3

what does Section 9(1)(a) of the Theft Act 1968 say?

Answer 3

Section 9(1)(a) – a person is guilty of burglarly if he enters any building or part of a building as a trespasser with intent to steal/inflict GBH or do unlawful damage

Question 4

what does Section 9(1)(b) of the Theft Act 1968 say?

Answer 4

Section 9(1)(b) – a person is guilty of burglarly if having entered a building or part of a building as trespasser, he steals or attempts to steal or inflicts or attempts to inflict GBH

Question 5

burglary - entry

Answer 5

Entry is not defined in the Theft Act (1968), but there have been several cases on the meaning of the word

• Collins - said the jury had to be satisfied that D made “an effective and substantial entry”
• Ryan - Definition is now just up to the jury – doesn’t have to be substantial or effective (D trapped in window, right arm and head was inside, rest outside)

Question 6

burglary - building/part of a building

Answer 6

Theft Act (1968) gives an extended meaning of the word ‘building’ so that it includes places such as houseboats and caravans. However, does not give a basic definition

Two cases on whether a large storage container is a building:
* B and S v Leathley (1979)
* Norfolk Constabulary v Seekings and Gould (1986)

Part of a building – where permission to be in one part but not the other
* Walkington (1979)

Question 7

B and S v Leathley

Answer 7

25 foot long freezer container kept in a farmyard for 2 years. Rested on sleepers with locked doors and connected to electricity.

Held to be a building

burglary - building

Question 8

Norfolk Constabulary v Seekings and Gould

Answer 8

lorry trailer on wheels used for over a year for storage, connected to electricity.
Held to NOT be a building (due mainly to wheels).

burglary - building

Question 9

Walkington (1979)

Answer 9

D went into a counter area in a shop and opened a till. Clearly marked 3-sided counter.

D became a trespasser as soon as he entered the part of the building (behind the counter), which he wasn’t allowed to enter

burglary - part of a building

Question 10

burglary - as a trespasser

Answer 10

In order for D to commit burglary, they must be a trespasser
If a D has permission to enter, they are not a trespasser

• Collins (1972) - prosecution must prove D knew he is a trespasser or be reckless as to whether he was or not

Question 11

burgarly - going beyond permission

Answer 11

If V gives permission to D to enter but then D goes beyond that permission, he may be a trespasser.

Smith and Jones (1976)

Question 12

mens rea for burglary

Answer 12

Two parts:
- entering as a trespasser
- mens rea for the ulterior offence

For 9(1)(a) and 9(1)(b) D must know, or be subjectively reckless, as to whether he is trespassing

For 9(1)(a) you also need intention for one of the three offences at the time of entering the building (conditional intent is fine)

For 9(1)(b) D must have the mens rea for theft/GBH or for attempting these