Burglary Flashcards
Define burglary
Under s9 (1) of the Theft Act 1968, a person is guilty of burglary if (a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
Outline the offences mentioned in s9 (1) (2) of the Theft Act 1968
Offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm therein, and of doing unlawful damage to the building or anything therein.
Outline the sentencing for burglary
R v Whiting [1987] – if the defendant is charged with a s9(1) offence, they may be liable for both offences and charged as such.
Under s9(3), a person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding Under s9(3)(a), where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years
Under s9(3)(b), in any other case, ten years.
Outline the actus reus for burglary
Entry as a trespasser into a building or part of a building
Explain the idea of ‘entry’
Whether the defendant enters is a question of fact for the jury
It must be substantial & effective entry
It doesn’t matter what part of the body entered.
It can’t have been intended that D must have got so far into the building to be able to accomplish his unlawful purpose.
Collins [1973] + Ryan [1996]
Explain the idea of ‘as a trespasser’
When the defendant has no permission or exceeds permission SO they must know that they are a trespasser or be reckless as to whether he is a trespasser.
Laing [1995] + Walkington [1979]
Explain the idea of ‘building or part of it’
Must be ‘a structure of considerable size and intended to be permanent or at least to endure for a considerable time’ under Stephens v Gourley [1859]
Should also have ‘some degree of permanence’ under B & S v Leathley [1979]
Outline the men’s rea of burglary
Intention / recklessness as to trespass / Cunningham subjective recklessness
OR
Under 9(1)(a), the defendant must have entered with intent to commit one of the following offences: stealing, inflicting GBH, or unlawful damage to the building or anything therein
OR
Under s9(1) (b), the defendant must have entered and committed or attempted to commit one of the following offences: stealing, inflicting GBH
Outline the key elements needed to satisfy aggravated burglary
Under s.10 (1) of the Theft Act 1968, a person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive Under s.9(1)(a) burglary is present if the defendant has a weapon in possession at time of entry, e.g Wiggins [2012]
Under s.9(1)(b), the defendant must have a weapon in possession at time of committing further offence, e.g O’Leary [1986]
A weapon is widely defined, e.g. screwdriver if intended to be used as weapon, e.g Kelly [1993]
