Burglary Flashcards
What are the elements of burglary under Section 9(1)(a)?
- D enters
- A building or part of a building
- As a trespasser
- Knowing or reckless as to entry as a trespasser
- At the time of entry, D intended any of the ulterior offences
In the context of burglary, what does it mean for D to enter as a trespasser?
- Entry is as a trespasser if the building is in possession of another who does not consent
- Or if D knows or is reckless about exceeding permission
Relevant cases include R v Collins (1972) and R v Jones and Smith.
What constitutes a building or part of a building for burglary purposes?
‘A structure of considerable size and intended to be permanent or at least endure for a considerable time’
This definition is based on Stevens v Gourley (1859).
What is required to consitute ‘entry’
Part of a person’s body needs to enter - does not need to physically be able to carry out ulterior motive
R v Ryan
What are the ulterior offences that D may intend at the time of entry in a burglary?
- Steal anything in the building/part of the building
- Inflict grievous bodily harm on any person in building or part of the building
- Damage unlawfully the building or anything therein
This is outlined in TA 1968, s 9(2).
Does the offence of burglary require D to complete the ulterior offence?
No, the offence is complete upon entry
Reference: TA 1968, s 9(1)(a).
What does conditional intention mean in the context of burglary?
Conditional intention to enter and steal only if there is something worth stealing counts as intention
What are the elements of burglary under s9(1)(b)
- D entered
- A building or part of a building
- As a trespasser
- Knowing or being reckless as to entry as a trespasser
- Once incide, stole/attempted to steal, inflicted GBH/ attempted to inflict GBH
What is required for theft or attempted theft in burglary?
Full AR and MR of theft or attempted theft are required.
What is the requirement for inflicting GBH in burglary?
No offence and therefore no AR or MR of the offence are required (R v Jenkins [1983]).
When is the burglary offence under s9(1)(b) considered complete?
Once inside the building, the defendant commits theft or GBH or attempts to do so.
What is aggravated burglary?
Burglary with a firearm, imitation firearm, weapon of offence, or any explosive.
WIFE
What is the maximum sentence for aggravated burglary?
Life imprisonment
What constitutes a weapon of offence?
Any article made or adapted for causing injury to or incapacitating a person, or which the defendant possesses with the intention of causing injury to or incapacitating a person at the time of the burglary.
When must the defendant have the offending article?
It is important that the defendant has the offending article with them at the time they commit the relevant burglary, either at the time of entry for a s 9(1)(a) or during the commission/attempted commission of theft/GBH for a s 9(1)(b).
What is the maximum sentence for burglary
- 14 yrs for burglary from a dwelling
- 10 yrs in any other case
