Burglary Flashcards
What kind of offence is burglary?
Triable-either-way offence.
What is the maximum sentence for burglary?
- 10 years for non-dwelling.
- 14 years for dwelling.
Where is burglary defined?
Section 9 of the Theft Act 1968.
What are the two types of burglary?
- Section 9(1)(a).
- Section 9(1)(b).
What is the definition of burglary under Section 9(1)(a)?
D enters a building as a trespasser with the intent to steal, cause criminal damage, or inflict GBH.
What was held in R v Ryan?
Entry is an ordinary word for the jury to decide.
What was held in R v Leathly?
Building is a structure of size and some permanence.
What does Section 9(4) of the Theft Act 1968 state?
A building includes houseboats and inhabited vessels.
What must D enter as?
A trespasser.
What was held in R v Jones and Smith?
If D is allowed in the building then goes beyond their permission of what they are allowed to do, then they are a trespasser.
What is the mens rea?
D must know or be reckless as to the fact they are a trespasser.
What must D intend to do?
To commit theft, criminal damages, or GBH.
What is the definition of burglary under Section 9(1)(b)?
D must have already entered as a trespasser then form the intent to commit either theft or GBH.
