Burglary Flashcards
What is the actus reus of burglary?
Entry Building s9(4) Trespasser
Case of Collins
The D had a lot to drink and decided he wanted to have sex. He climbed a ladder into the room of s sleeping girl. She thought it was her boyfriend so she helped him in and they had sex. The CA quashed his burglary conviction because there was no evidence he was a trespasser
Case of Brown
Entry no longer has to be substantial and effective.
D was leaning into a window and rummaging through goods. The CA said that the word substantial did not assist the definition of enter and his conviction was upheld because it was effective.
Case of Ryan
Entry no longer has to be substantial and effective.
D was trapped when trying to get through a house window, only his head and arm were inside. The first brigade had to free him. The CA upheld his burglary conviction.
Example of entry using an instrument
To hook car keys
What does a ‘building’ include?
A place that is actively occupied and has some degree of permanence.
Stables, flats, greenhouse, barns, house boats, “inhabited vehicles”
Case of B and S v Leathley
A freezer container which hang been in the same place for three years and had electricity was a building.
A building does not include…
A mobile library
A tent
Case of Walkington
Part of a building need not be a delectation room.
D went into a counter area in a shop and opened a till. The area was clearly marked by a 3 sided counter. D’s conviction for burglary under s9(1)a was upheld as he entered part of a building as a trespasser with intention to steal.
What is going bruise permission?
When D is given permission to enter got one purpose but enters fit another D will enter as a trespasser
Smith and Jones
Case of Smith and Jones
Smith and his friend went to smiths fathers house and took 2 TV sets without his fathers permission. The father stated that his son would not be a trespasser in the house. However the court upheld convictions.
Mens rea for burglary.
1) intention or recklessness as to trespass. D must know or suspect he is trespassing
2) intention to commit an ulterior offence- theft, GBH or criminal damage.
What is section 9(1)a?
Entry with intent
What is section 9(1)b?
Commiting an offence having entered as a trespasser
What are the criteria for S9(1)b burglary?
D enters a building or part of s building as a trespasser
Plus D commits an ulterior offence ( theft or GBH )
