Burglary Flashcards
R v Collins
Entry to building must be effective and substantial by any part of the body
Need not know he is a trespasser in law, but knows or is reckless as to the facts which make him a trespasser
R v Brown
Entry must be effective, need not be whole body
R v Ryan
Entry is an ordinary word that requires no definition, no need for defendant to be able to do anything as long as the jury is satisfied there is an entry
Stevens v Gourley
Building = structure of considerable size and intended to be permanent/endure for considerable time
B&S v Leathley
Walk-in freezer container, hooked up to mains electricity, resting on sleepers and detached from lorry chassis = building (had been there for 2 years)
Norfolk Constabulary v Seekings & Gould
Lorry trailers used as additional warehouse space was not a building
R v Walkington
Moveable cash desk in department store was ‘part of building’ - defendant knew he wasn’t allowed there
R v Jones & Smith
Exceeding permission for entering building amounts to trespass (entered to steal)
Barker v R
Entering to steal is trespassing, despite having permission to enter
AG’s Reference Nos 1 & 2 of 1979
Conditional intent is sufficient for s9(2)
R v Jenkins
No requirement for MR as to causing harm, simply the fact that harm is caused is sufficient for s9(1)(b)
Probably require mens rea for theft
R v Laing
Whichever burglary offence, the accused must be a trespasser upon entry
R v O’Leary
Must have the weapon at the time the offence was commissioned
s9(1)(a) - at the time of entry
s9(1)(b) - at the time of theft/GBH
R v Class
The person with the weapon must enter the building
R v Francis
MR must coincide with AR - at the time of entry they had no intention to steal, but discarded the weapon before the theft
