Burglary

Question 1

What is the definition of Burglary?

Answer 1

Defined under s4 Theft Act 1968 - the D can be convicted of either s9(1)(a) and s9(1)(b).

Question 2

What does s9(1)(a) cover?

Answer 2

• When D enters a building or part of a building as a Trespasser
  -Did the D know they were a T to act recklessly in being one?
  -Did the D have intention to steal, inflict GBH or do criminal damage?
  -If so, D can be guilty of s9(1)(a) even if the offence is NOT committed.
  -MR is before entering

Question 3

What does s9(1)(b) cover?

Answer 3

-Having entered a building or part of a building as a T
-Did the D attempt to or commit Theft or GBH - prosecution must prove this
-Mr is upon entering

Question 4

What must the D be?

Answer 4

The D needs to enter a building or part of a building as a trespasser.

Question 5

What does the case of Brown set out?

Answer 5

The entry must be effective.

Question 6

What happened in the case of Brown?

Answer 6

D smashes Argos window but only half of his body was in the shop - convection was upheld as this was effective entry.

Question 7

What does the case of Ryan show?

Answer 7

A partial entry is enough to amount to entry - any part of their body.

Question 8

What is considered a building?

Answer 8

Any inhabited place such as houseboats and caravans - can include large container as in a freezer (Leathley)

Question 9

What is part of a building?

Answer 9

The D may have permission to access a certain part of a building but does not have permission to be in another e.g. R v Walkington D went behind the till at a shop to steal money.

Question 10

When will the D be considered a T?

Answer 10

When they have exceeded their legal permission knowingly or recklessly.