burglary Flashcards
Ryan
entry doesn’t have to be effective, can use an object to help.
B and S v Leathly
“building” has a certain degree of permanency
S9(4)
building also applies to dwellings and inhabited vehicles or vessels
R v Walkington
part of a building, walked behind the counter
R v Laing
part of a building, walked into the stockroom
R v Smith and jones
became trespassers, exceeded their permission, had permission to enter, but not to steal
R v Collins
D must intend to trespass or do it recklessly, he was not trespassing as she had invited him in
AG ref (No 1 and 2 of 1979)
conditional intent is sufficient intent for burglary.
S9(1)(a)
intent to steal, GBH or criminal damage before entering.
S9(1)(b)
attempt or actually commit GBH or theft once entering.