Burglary

Question 1

Burglary

Answer 1

-s.9 of the Theft Act 1968
-provides two ways of committing the offence s.9(1)(a) and s.9(1)(b).
-AR: entry, building or part of a building, trespasser
-MR: Defendant must know or be reckless to the fact that he is a trespasser.
-Domestic burglary is somewhere that is inhabited and non-domestic would be a commercial building.

Question 2

R v Brown

Answer 2

-Entry need not be complete but must be effective (able to steal).

Question 3

R v Ryan

Answer 3

• Entry need not be complete or effective (current law).

Question 4

s.9(4)

Answer 4

-Building also applies to any building or vessel/vehicle that has been inhabited.

Question 5

B and S v Leathley

Answer 5

-Freezer storage unit counted as a building.

Question 6

Norfolk v Seekings and Gould

Answer 6

-Not a building still a vehicle as it was uninhabited.

Question 7

R v Walkington

Answer 7

-Going behind the counter was a part of the building that he did not have permission (so he was trespassing).

Question 8

R v Jones and Smith

Answer 8

-Can be a trespasser if they enter a building knowing or being reckless to the fact that they are entering in excess of their permission.

Question 9

9(1)(a)

Answer 9

-Defendant enters with intention to commit either theft, GBH or criminal damage.

Question 10

9(1)(b)

Answer 10

-Having entered the defendant commits either theft or GBH.