Burglary Flashcards
What Section Act and year is Burglary judged under?
S.9 of the Theft Act 1968
What is the maximum sentence for Burglary?
14 years private dwelling
10 years commercial property
What are the two distinct offences of burglary under S.9?
S.9(1)(a) Enters building as tresspasser with intent to commit theft, inflict GBH or cause unlawful damage
S.9(1)(b) Enters building as tresspasser, steals or inflicts(attempts to)GBH on any person in the building
S.9(1)(a)
Enters building as tresspasser with intent to commit theft, inflict GBH or cause unlawful damage
S.9(1)(b)
Enters building as tresspasser, steals or inflicts(attempts to)GBH on any person in the building
What is the first point of Burglary?
Entry
What is required for “entry”?
Must be “an effective and substantial entry”
What cases apply to entry?
3
R v Collins
R v Brown
R v Ryan
What is the case of R v Collins?
Naked man on window ledge. Erect penis did not amount to sufficient entry.
What is the case of R v Brown?
Top half of D’s body inside shop amounted to entry
What is the case of R v Ryan?
Head and arm inside house amounted to entry
What is the second point of Burglary?
Building or part thereof
What cases apply to building or part thereof?
B & S v Leathley
Norfolk Constabulary v Seekings and Gould
R v Walkington
R v Rodmell
What is the case of B & S v Leathley?
Freezer container that stayed there for two years, had doors and locks and connected to the electricity supply. Was a building.
What is the case of Norfolk Constabulary v Seekings and Gould?
Lorry trailer with wheels not a building
What is the case of R v Walkington?
Entered shop lawfully but entered door marked “staff only”
What is the case of R v Rodmell?
Broke into shed still burglary
What is the third point of Burglary?
Trespasser
What is the definition of a trespasser?
Person intentionally or recklessly enters a building in the possession of another without permission or legal right to do so
What case says if a person enters with permission they are not a trespasser?
R v Collins
What case says if a person has permission to enter for one purpose but then enters for another they are a tresspasser?
R v Smith and Jones
Took two tvs from friends fathers house without hus knowledge or consent
What is the Mens Rea for burglary?
- Intention or recklessness as to trespass
- The ultterior offence
What is meant by the intention or recklessness as to trespass?
There is at least a risk he would not be permitted to be o the property
What is Cunningham recklessness?
Person forsees risk and takes it anyway
If not reckless then thier aim or purpose
