Burglary

Question 1

S.9 Theft Act 1968

Answer 1

(1) guilty of BURGLARY if -
(a) enters into any building or part of as a trespasser with INTENT TO COMMIT ANY offence mentioned in ss(2)
[DOESNT ACTUALLY HAVE TO COMMIT ACT - ENTERING WITH THE INTENT = SUFFICIENT FOR THE OFFENCE]
(b) having entered…attempts to steal anything…or inflicts on any person GBH.
[LIABLE IF THE INTENT IS FORMED AFTER ENTERING AS A TRESSPASER.]
(2) offences include stealing, doing GBH or doing unlawful damage.
(3) liable for imprisonment for term
(a) when in residential dwelling - max 14 years.
(b) commercial premises - max 10 years.
(4) building includes an inhabited vehicle or vessel.

Question 2

R. v Collins

Answer 2

For burglary, ‘entered’ must be ‘A SUBSTANTIAL AND EFFECTIVE ENTRY’.

Question 3

R. v Brown

Answer 3

Requirement of ‘substantial and effective’ entry in R. v Collins was qualified - now only ‘effective entry’ necessary.

In case: man stood on street and broke glass and put arm through shop window whilst not entering the building. - Conviction of burglary upheld.

Question 4

R. v Ryan

Answer 4

Got stuck in window when trying to break into a house.

Whole body not in property - applying R. v Brown - was sufficient for ‘entering a property’.

Question 5

R. v WALKINGTON

Answer 5

Authority that ‘a building or part of a building’ includes when you are permitted to enter building (e.g a shop) but not permitted access to all of it (e.g. behind the till.)

Question 6

R. v Jones and Smith

Answer 6

2 teens went round to one of their houses and took the TV.
Dad called police (didn’t realise it was son who had taken TV)
Dismissed argument that they had not exceeded their permission to be there. - Held to be sufficient for trespass at the moment they formed the intention to take something that was not theirs.

Question 7

S.10 Theft Act 1968

Answer 7

AGGRAVATED BURGLARY

Possession of a weapon whilst carrying out a robbery is enough to warrant conviction - life imprisonment.
‘Second order harm’ - punishing the potential for serious harm to happen. (Deterrence)

Question 8

R. v O’Leary

Answer 8

D picked up kitchen knife in the course of committing a burglary.

Conviction upheld - possession of weapon was at the time at which he actually stole (or tried to steal.)

Question 9

R. v Stones

Answer 9

Similar to O’Leary - picked up kitchen knife.
Argued that he never intended to use the knife.
C of A held that this was immaterial - does not matter whether D intends to use the weapon or not - strict liability for possession.