Burglary Flashcards
Where is the offence of burglary contained?
Section 9 of the Theft Act 1968.
What does section 9 (1)(a) state?
A person is guilty of burglary if he enters any building or part of a building as a trespasser with intention to steal, inflict grievous bodily harm or do unlawful damage.
What does section 9 (1)(b) state?
A person is guilty of burglary if having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or inflicts or attempts to inflict grievous bodily harm on any person in the building.
Which cases defined entry and how?
Collins - effective and substantial
Brown - effective
Ryan - entry
What does the Act give extended meaning to?
The term building, to include houseboats and caravans.
Where have problems arose with regards to a building?
Where portakabins have been used as offices.
Which cases demonstrate issues with deciding what is and is not a building?
B and S v Leathley - freezer container was a building.
Norfolk Constabulary v Seekings and Gould - lorry trailer was not a building.
Which case demonstrated the phrase ‘part of a building’?
Walkington - counter area in a shop.
What must the defendant be in order for a burglary to be committed?
A trespasser, if they have permission to enter they will not be a trespasser as in Collins.
How can a defendant be a trespasser even if they have permission to enter?
If they go beyond their permission as in Smith and Jones.
What are two problems with the law on burglary?
The law protects property more than people, and conviction under conditional intent is unjust.
