Burglary Flashcards
What section and act is burglary under ?
s.9 Theft Act 1968
What is the first element of burglary ?
D must Enter
How did Collins originally define ‘enters’ ?
as ‘effective and substantial’
How did Brown adapt the definition of ‘enters’ ?
entry only need to be ‘effective’ not substantial
How did Ryan then add to Browns definition of entry ?
“effective” should be given its ordinary meaning and is a matter for jury’s
What is the next element of burglary ?
must’ve entered a building/part of
How did Stevens V Gourley define a building ?
‘structure of considerable size… intended to be permanent’
Where does the extended meaning of building come from and what does it say ?
s.9(4) Theft Act, includes inhabited places like houseboats/caravans
What does R V Rodmell add to buildings ?
sheds are included
What does it mean by part of a building & case?
section that is off limits when open to public (Walkington)
What is the final factor of the AR of burglary?
D must’ve been a trespasser in the building
What is a trespasser and how is someone not a trespasser (case)?
entering w/o permission
w permission (Collins)
What are the 2 sections that set out the MR of burglary ?
s.9(1)(a)
s.9(1)(b)
What does these 2 sections require ?
intentional trespass.- when know they were ⬆️ & not have permis.
reckless- were was risk could not have permis. but carry on
How do u have a s.9(1)(a) burglary ?
whether D intended to commit theft, GBH, CD at time of entry irrelevant if do
What must we consider for s.9(1)(a) and what case ?
conditional internet (Easom)- didn’t want steal unless worth it
What is a s.9(1)(b) burglary ?
no conspiracy to do so before but goes in and commits or attempts theft, GBH, CD
What type of offence is burglary ?
triable either way
How does the maximum sentence of burglary of a dwelling differ to the burglary of a non-dwelling ?
dwelling - 14 yrs
non-dwelling - 10 yrs
