burglary

Question 1

Which section and Act is burglary under?

Answer 1

Burglary is an offence under S.9 of the Theft Act 1968.

Question 2

How many offences of burglary are there?

Answer 2

There are 2 offences of the crime.

Question 3

What is the first offence of burglary?

Answer 3

Under S.9 (1)(a), ‘a person is guilty of burglary if he enters a building or part of a building as a trespasser with the intent to steal anything in the property, inflict grievous bodily harm (GBH) or do unlawful damage to the building or anything in it’.

Question 4

What is the criteria for intention in committing these ulterior offences?

Answer 4

The defendant must intend to do 1 of the 3 ulterior offences at the time of entering.

There is no need for the ulterior offence to take place or even be attempted.

Question 5

What is the second offence of burglary?

Answer 5

Under S.9 (1)(b), ‘a person is guilty of burglary, if having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict GBH on any person in the building’.

Question 6

What is the criteria for intention in committing these ulterior offences?

Answer 6

For this offence, what the defendant intends on entry is irrelevant as it must be proven that they actually committed or attempted to commit 1 of the 2 offences.

Question 7

What 3 elements do the 2 separate offences of burglary share in common?

Answer 7

Entry, of a building or part of a building and as a trespasser.

Question 8

What is the AR for burglary?

Answer 8

Entry, of a building or part of a building and as a trespasser.

Question 9

What is the definition of ‘entry’?

Answer 9

Entry is not defined in the Theft Act 1968, but the term has been changed several times:

Question 10

What is the first case law that defined ‘entry’?

Answer 10

R v Collins first defined ‘entry’ by saying that the defendant had to make an ‘effective and substantial entry’.

Question 11

What is the second case law that defined ‘entry’?

Answer 11

R v Brown modified the concept in R v Collins to just ‘effective entry’.

Question 12

What is the third and final case law that defines ‘entry’?

Answer 12

R v Ryan is now how ‘entry’ is viewed which is ‘evidence on which the jury could find that the defendant had entered’.

This means if a defendant puts any part of their body within or part of the building, it’ll be sufficient for entry.

Question 13

What is the definition of ‘building’?

Answer 13

The Theft Act gives an extended meaning to the word ‘building’.

Question 14

What does ‘building’ connote?

Answer 14

A building includes an inhabited vehicle or vessel even when there is no one present in the vehicle or vessel when the burglary is committed under S.9 (4).

Question 15

What does the case of R v Coleman show?

Answer 15

It means a caravan or houseboat would be classed as a building. Outbuildings, sheds, offices, etc are also considered buildings.

Question 16

What did the case of B and S v Leathley rule?

Answer 16

It held that there must be a ‘degree of permanence’ for a structure to be a building.

Question 17

Define ‘part of a building’.

Answer 17

‘Part of a building’ is used to cover situations in which the defendant may have permission to be in one part of the building but no permission to be in another part.

Question 18

What case law demonstrates guilt of having permission to be in 1 part of a building but not another part?

Answer 18

R v Walkington shows they will then be guilty.

Question 19

What is the definition of ‘trespasser’?

Answer 19

In order to commit burglary, a person must enter as a ‘trespasser’, meaning where they don’t have permission.

Question 20

What did the case of R v Smith and Jones rule?

Answer 20

Where the defendant is given permission but exceeds that permission, they may be considered a trespasser.

Question 21

What happens when a person is banned from entering and enters as a trespasser?

Answer 21

Where a person banned from entering as a trespasser will be held guilty of burglary if they intended to steal goods (S.9(1)(a)) or if having entered, they then have stolen goods (S.9(1)(b).

Question 22

What happens if a defendant gains entry through fraud?

Answer 22

Where the defendant gains entry through fraud, they are a trespasser as there is no genuine permission to enter.

Question 23

What are the 2 parts to the MR of burglary?

Answer 23

There are 2 parts to the mens rea in which are: entering as a trespasser and the ulterior offence.

Question 24

What is needed for the MR of the 2 offences for a ‘trespasser’?

Answer 24

Regarding the ‘trespasser’ part, for both S.9 (1) (a) and S.9 (1) (b), the defendant must know or be subjectively reckless as to whether he is trespassing.

Question 25

What is needed for the MR of S.9 (1)(a) for the ulterior offences?

Answer 25

Regarding the ‘ulterior offence’ part, for S.9 (1) (a), the defendant must have the intention to commit 1 of the 3 ulterior offences at the time of entering the building.

Question 26

What does a conditional intent for the offence of S.9 (1)(a) mean?

Answer 26

A conditional intent is sufficient for the mens rea for this type of offence.

It is where the defendant is entering, intending to steal anything worth taking.

It is also enough to make the defendant guilty of this type of burglary, even if there is nothing worth taking nor if nothing is actually stolen.

Question 27

What is needed for the MR of S.9 (1)(b) of the ulterior offences?

Answer 27

For S.9 (1) (b), the defendant must have the MR for theft/GBH (including recklessness) when committing or attempting to commit the AR of one of the offences.