Burglary Flashcards
What section is burglary under
Section 9 (1) theft act 1986
Part a is about
Enters any building or part of a building as a trespasser and with intent to commit any such offences as is mentioned in subsection 2
What is part B
Having entered any building or of a building as a trespasser he steals or attempt to steal anything in the building or part of a building or inflicts or attempt to inflict on any person there in any grievous bodily harm
Entry - most cases will be?
Constructed in its ordinary sense, like the D walked into a building. But, ‘partial’ entry can be enough
What happen in R v brown 1985
D put his hand through an open shop window rummaging through goods
Entry was considered effective under 1a
What’s the facts of R v Ryan 1996
D became trapped with his head and right arm inside the house when trying to enter and had to freed by the firebrigade
What was held in Rv Ryan 1996
Court of Appeal upheld the conviction the court believed he had made an effective, if not, complete entry
Building usually constructed in normal way. Can be complex such as
‘ Non-typical structure’ like inhabited vehicles and vessels covered by9(4)
Separate areas within a building like individual rooms in a multiple occupancy house and staff only areas
what’s the facts of B&S v Leathley1979
a lorry trailer with wheels had been used for over a year for storage. it had steps up to it and was connect to the electricity supply
what was held for B&S v Leathly 1979
yes. this was held to be a building
what’s Norfolk constabulary v seekings and Gould 1986
no. held not to be a building because to still had wheels so remained a vehicle.
what are facts R v Walkington 1979
D went behind a shop counter and interfered with till, he argued that he was not liable for burglary as he had not formed the intention to steal before entering the shop and that the till area was not a separate part of the building
what was held for R v walkington 1979
a part of a building is determined by physical separation such as separate rooms or barriers such as a counter so the conviction was upheld.
What trespasser in the actus reus of burglary?
It is a civil concept, meaning being on some else’s land without authority- if a person has permission to enter than they aren’t a trespasser
Who is a trespasser
D must knowingly enter the building or part of the building without knowledge or the permission of the owner or someone able to give such permission
What’s the facts of r v Collins 1973
D was naked apart from his socks, climbed a ladder and looked through the victims bedroom window, assuming it was BF she beckoned D into the building, she realised her mistake during intercourse. He charged with s.9 burglary each, at time, included intention to rape
What was held for r v Collins 1973
Not guilty, not trespass as he got given permission. D must realise they have done this. Having been beckoned in, D in this case was not a trespasser for the purpose of s.9 burglary
When can permission be exceeded
Permission can be expressed or implied and may be limited to certain part of the building- can be exceed permission and then become a trespasser
What are the facts of r v jones&smith 1976
D entered his father’s house with a friend to steal two TV. He had general permission to enter the house and agreed that this meant that he was not a trespasser for the purpose of s.9 burglary.
What was held in r v jones & smith 1976
A person who enters a building for an unlawful uprose will be a trespasser in that building irrespective of any express or implied permission to enter
For men’s Rea both part must what
Must know or be subjectively reckless, as to whether they are trespassing
Mens Rea for part a is what
D must have the intention to commit theft, GBH and or criminal damage at the time of entering the building
Mens Rea for part b is what
D must have the intention to commit theft and or GBH9s20 OAPA) after they have entered the building at the point of committing or attempting these offences
