Burglary

Question 1

Definition of Burglary?
(Multiple definitions?)
(Which sections are these)

Answer 1

s9(1)(a)
- D enters any building or part of a building as a trespasser with intent to commit Theft, GBH, or Unlawful Damage

s9(1)(b)
- D enters any building or part of a building as a trespasser and commits Theft of GBH

Question 2

Where does the Burglary Definition come from? What statute and/or case?

Answer 2

s9 Theft Act 1968

Question 3

Which cases explain AR of ‘Enters’?
What do they explain/establish?

Answer 3

R v Brown + R v Ryan
- Must be ‘effective’
- Need not be whole body

Question 4

Which cases explain AR of Part of a building?
What do they explain/establish?

Answer 4

Stevens v Gourley
- Building is a structure with degree of permanence

R v Walkington - Prohibited areas are part of a building

Question 5

Which cases explain AR of Trespasser?
What do they explain/establish?

Answer 5

No permission or legal right

R v Jones - Exceeds permission
R v Collins - Knows or is reckless to facts that make him a trespasser

Question 6

Other Burglary
knowledge (sentencing etc)

Answer 6

• Indictable offense
• Maximum 10 years for general burglary
• Maximum 14 years for house dwelling burglary