Burglary

Question 1

Definition of burglary is defined under what Act

Answer 1

Section 9 Theft Act (1968)

Question 2

Section 9 Theft Act 1968

Answer 2

(1) A person is guilty of burglary if

A- he enters any building or part of a building as a trespasser and with intent to commit any such offence as it mentioned in subsection (2)

B- having entered any building or part of a building as a trespasser be steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any GBH

2. The offences referred to in subsection (1)(A) above are offences of stealing anything in the building of part of a building in question, or inflicting on any person therein any GBH and of doing unlawful damage to the building or anything therein

Question 3

Two separate offences:

Answer 3

1. Entering a building as a trespasser intending to steal, inflict GBH, or cause criminal damage
2. Having entered the building as a trespasser actually or attempting to steal or inflict GBH

Question 4

Entry actus reus section (9)(1)(A)

Answer 4

Brown “substantial and effective entry”

Ryan “partial presence within the building

Question 5

Building of part of a building?

Answer 5

Steven v Gourley- building in its ordinary sense is ‘a structure of considerable size and intended to be permanent or at least endure a considerable time

Question 6

Leathley

Answer 6

Building - freezer

Intended to remain in that place for the foreseeable future

Question 7

Walkington

Answer 7

Entered a till

No permission to be behind that part of the building

Question 8

Trespasser case

Answer 8

Collins

Whether or not the d had consent to enter into the victims building or not

Has to be aware that he is a trespasser and then deliberately enters or is at least reckless as to whether or not he is entering that premises of another without the party’s consent

Question 9

Jones and Smith

Answer 9

Acting in excess of general permission to enter a building

Went with intent to steal
Exceeded their permission

Question 10

Mens rea of theft 9 (1) (a)

Answer 10

Intention or recklessness to enter as a trespasser

Plus

Ulterior intent

Question 11

Ulterior intent required under s9(1)(a)

Answer 11

Walkington key case

Jury satisfied that the d had entered the building/part as a trespasser
Moment of entering he intended to steal anything in the building or that part of it
Nothing worth stealing did NOT matter

Just need intention to steal

Question 12

AG’s References (Nos 1 and 2 of 1979

Answer 12

An intention to steal can exist even though there is nothing to steal

2 minds whether to steal = not proven

Question 13

Actus reus s9 (1)(b)

Answer 13

1. Entry
2. Of a building or part of a building
3. As a trespasser
4. Relevant actus reus of theft or GBH or attempted theft or GBH

Question 14

Mens rea of s9(1)(b) of the Theft Act 1968

Answer 14

Intention or recklessness to enter as a trespasser

Plus

Dishonest intent to steal or inflict GBH or attempt either

Question 15

Theft and stealing

Answer 15

Stealing has the same meaning as theft

Question 16

Aggravated burglary

Answer 16

Section 10 of the Theft Act 1968

Question 17

Definition of AB

Answer 17

A person is guilty of AB if he commits a burglary with a firearm, weapon of defence, explosive

A person guilty of AB shall on conviction of indictment be liable for prison for life

Question 18

Actus reus of AB

Answer 18

At the time

O Leary forced the occupant to part with property at knife in hand when demanding

Has with him

Stones (1989)

Knowingly had the knife with him, with the intent to cause some injury to some person, but need not show that he intended to use it in the course of the burglary

Made or adapted for use

Jury to decide- question of fact

Williamson

Question 19

Simpson

Answer 19

Flick knife always treated as a weapon

Question 20

Mens rea for AB

Answer 20

Same as burglary