burglary

Question 1

burglary

Answer 1

defined under the theft act 1968 sc9

Question 2

definition sc9

Answer 2

1. a person is guilty of burglary if-
   a. he enters into any building or part of a building as a trespasser and with intent to commit any such offence as it mentioned in subsection (2) or
   b. having entered any building or part of a building as a trespasser he steals or attepts to steal anything in the building or inflicts or attempt to inflict any grevious bodily harm
2. offences under subsection 1(a)- stealing anything in the building, or inflicting grevious bodily harm and of doing unlawful damage to the building

Question 3

2 types of burglary

Answer 3

both involve proff that the d entered the building as a trespasser but the requirements for the 2 types differ

Question 4

elements for buglary

Answer 4

entry
a building
as a trespasser
awareness of being a trespasser
intent to commit a crime 9(1)(a) or commission of crim 9(1)(b)

Question 5

AR for both types

Answer 5

variant 1 9(1)(a)- to enter a building as a trespasser
variant 2 9(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 GBH

Question 6

criteria 1 for AR of both

Answer 6

1. building-
   sc 9(4)- buildings includes inhabited vehicles or vessels
   S v Leathley- free standing freezer
   Norfolk constabulary v seekings- not a large container on a lorry
   stevens v gorley- courts will consider size and degree of permanence

part of a building-
walkington- permission to enter some areas but not others

Question 7

criteria 2 for AR of both

Answer 7

Enter-
In Brown entry that was suffiecient was described as ‘effective’, here being halfway through a window was sufficient
ryan- and arm and head was sufficient
wheelhouse- using an object to remove an item was sufficient

Question 8

criteria 3 for the AR of both

Answer 8

3. as a trespasser-
   the importance of knowing you have no permission (either express or implied) or being reckless as to whether you have permission
   collins- invited by mistake amounts to trespass
   jones and smith- exceeded permission given

recklessness means cunningham recklessness- foresaw risk and took it anyway

Question 9

criteria 4 for AR of variation 2

Answer 9

‘stealing or attempting to steal or inflicts or attempts to inflict GBH on anyone in the building’
elements of theft
elements of GBH (caused serious bodily harm, intention or recklesness to cause it)

Question 10

Mens rea for both variations

Answer 10

key difference is timing
variation 1- they must intent to commit one of the relevent offences (theft GBH, criminal damage) at the time they make entry
variation 2- aplies after they have already made entry they steal, attempt to steal or commit GBH or attempt to do so

Question 11

aggravated burglary

Answer 11

defined under sc 10 theft act 1968-
definition (1)- a person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or explosive
a. firearm- airgun or airpistol, imitation firearm- appearance of being a firearm
b. weapon of offence- articles made of adapted for causing injury, or intended by the person for such use
c. explosive- articles manufactured for producing a practical effect by explosion

when the weapon was aquired effects what variation will be claimed

Question 12

AR for aggravated burglary

Answer 12

burglary
variation 1- at time of entry was in possession of weapon
variation 2- weapon aquired after entry, O’Leary