Burglary

Question 1

What section is burglary under

Answer 1

Section 9 (1) theft act 1986

Question 2

Part a is about

Answer 2

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

Question 3

What is part B

Answer 3

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

Question 4

Entry - most cases will be?

Answer 4

Constructed in its ordinary sense, like the D walked into a building. But, ‘partial’ entry can be enough

Question 5

What happen in R v brown 1985

Answer 5

D put his hand through an open shop window rummaging through goods
Entry was considered effective under 1a

Question 6

What’s the facts of R v Ryan 1996

Answer 6

D became trapped with his head and right arm inside the house when trying to enter and had to freed by the firebrigade

Question 7

What was held in Rv Ryan 1996

Answer 7

Court of Appeal upheld the conviction the court believed he had made an effective, if not, complete entry

Question 8

Building usually constructed in normal way. Can be complex such as

Answer 8

‘ 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

Question 9

what’s the facts of B&S v Leathley1979

Answer 9

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

Question 10

what was held for B&S v Leathly 1979

Answer 10

yes. this was held to be a building

Question 11

what’s Norfolk constabulary v seekings and Gould 1986

Answer 11

no. held not to be a building because to still had wheels so remained a vehicle.

Question 12

what are facts R v Walkington 1979

Answer 12

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

Question 13

what was held for R v walkington 1979

Answer 13

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.

Question 14

What trespasser in the actus reus of burglary?

Answer 14

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

Question 15

Who is a trespasser

Answer 15

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

Question 16

What’s the facts of r v Collins 1973

Answer 16

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

Question 17

What was held for r v Collins 1973

Answer 17

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

Question 18

When can permission be exceeded

Answer 18

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

Question 19

What are the facts of r v jones&smith 1976

Answer 19

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.

Question 20

What was held in r v jones & smith 1976

Answer 20

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

Question 21

For men’s Rea both part must what

Answer 21

Must know or be subjectively reckless, as to whether they are trespassing

Question 22

Mens Rea for part a is what

Answer 22

D must have the intention to commit theft, GBH and or criminal damage at the time of entering the building

Question 23

Mens Rea for part b is what

Answer 23

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