burglary Flashcards
where is burglary defined?
s9(1) of the Theft Act 1968
what is burglary defined as?
-if he enters a building or part of a building as a trespasser with the intent to commit any offence mentioned in subsection 2 (A)
-or if he entered into a building or part of a building as a trespasser he steals or attempts to steal anything in the building /part of or inflicts/attempts to inflict gbh (B)
what does s9(2) say?
that the offences referred to in subsection 1(a) are theft, gbh, or criminal damage
what are the key differences in the 2 ways of committing burglary?
-intending to do something, when you enter, can include criminal damage (A)
-actually doing something, after you enter, cannot involve criminal damage (B)
what are the 3 points of actus reus for burglary?
-entry
-a building or part of a building
-as a trespasser
what is the mens rea of burglary?
doing the actus reus with the intention to trespass
what is the main case for entry?
R v Ryan
what does R v Ryan say?
that entry does not need to be effective, and also can be done via an object eg. a fishing line
what is the main case for a building?
B and S v Leathley
what does B and S v Leathley say?
that if something has a high degree of permanence then it is likely to be considered a building
what is the case for a low degree of permanence?
Norfolk Constabulary
what does s9(4) say?
‘buildings’ can also apply to vessels that are inhabited such as a house boat or a car
what are the cases for part of a building?
-R v Laing
-R v Walkington
what does R v Laing say?
that d must be a trespasser at the time of entry
what is the main case for trespassing?
R v Smith and Jones
what does R v Smith and Jones say?
that entering in excess of permission can count as trepassing
what is the case for mens rea?
R v Collin
what does R v Collin say?
that d must either know he has not got permission to enter the building or think there is a chance he may not have permission
what does s9(1)(a) say about committing the ulterior offences?
that there is no need for them to actually be committed, as long as there was intent
what is the case for conditional intent?
Attorney Generals Reference (Nos 1 and 2 of 1979)
can conditional intent work for section A burglary?
yes
what does s9(1)(b) about committing the offence?
that it must actually be committed/attempted to be committed, not just intended
