Burglary

Question 0

Brown(1985) - Partial Entry

Answer 0

If the def puts only part of his body into the building this will suffice to satisfy the entry element.

“Effective and substantial entry” changed to “effective entry” does not necessarily have to be complete

Question 1

Burglary s 9.1 theft act 1968

AR and MR

Answer 1

AR– entry, building (or part of ), as a trespasser, actual offence - (s9.1b only)

MR – intention/ recklessness as to trespass, ulterior intent (s9.1a only)

Question 2

Use of innocent agent or instrument

Answer 2

If def uses one of these means to access the inside of the building this may still amount to entry for the purposes of burglary

Question 3

S9.1a and S9.1b common elements

Answer 3

Entry
Building or part of building
As a trespasser
Intention or recklessness as to the trespass

Question 4

S9.1a - ulterior intent

Answer 4

Intention to:
Steal
Commit GBH 
Cause criminal damage 
- intention before entry into the building as a trespasser

Question 5

S9.1B specific offences

Answer 5

Theft
Attempted theft
GBH
Attempted GBH 
- intent is formed after the entry into building as a trespasser

Question 6

Building / part of building - 2 tricky areas

Answer 6

1) non typical structures– s9.4 inhabited vehicles and vessels are within meaning of building; other things are judged in terms of size and permanence (Stevens v Gourley (1859)
2) separate areas within a building such as individual rooms in a multiple occupancy house and ‘staff only’ areas in shops

Question 7

R v Walkington (1979)

Answer 7

Held that part of a building was determined by the presence of a physical demarcation such as separate rooms, notices restricting entry or some form of barrier such as a counter
-left for jury to assume

Question 8

R v Collins (1973)

Answer 8

Held that trespass requires entry without permission so if the defendant believed he had permission to enter prior to any part of his body crossing the threshold then he would not be a trespasser and cannot be liable for burglary.
-entry must be intentional or reckless

Question 9

AR and MR of trespass in burglary

Answer 9

AR– entry into a building (or part of) without permission

MR – knowledge that there is no permission or awareness that there is a risk that there is no permission to enter

Question 10

R v Jones and Smith (1976)

Answer 10

Held that a person who enters a building for an unlawful purpose will be a trespasser in that building irrespective of any express or implied permission to enter that has been extended to him.
-exceeded the consent given

Question 11

Cunningham 1957

Answer 11

Subjective recklessness is where D knows there is a risk but is willing to take it.