Burglary Flashcards
In what section of what act is burglary defined in?
S9(1) of the Theft Act 1968
What is the definition of burglary under S9(1)(a)?
If D enters any building or part of a building as a trespasser and with intent to commit any offence mentioned in S9(2)
What are the offences mentioned in S9(2)?
Theft, GBH and criminal damage
What is the definition of burglary under S9(1)(b)?
Having entered into a building or part of a building as a trespasser D steals or attempts to steal anything in the building/part thereof or inflicts or attempts to inflict GBH on any person therein
List the common elements of both S9(1)(a) and S9(1)(b)
Enter
Building or part of a building
As a trespasser
Intention/Recklessness to trespass
What elements belong to ONLY S9(1)(a)?
Intent to commit one of 3 ulterior offences
What elements belong to ONLY S9(1)(b)?
AR of theft/GBH
MR of theft/GBH
What is the case authority for entry?
Ryan
What did the case of Ryan say that entry does not have to be?
It doesn’t have to be effective
What does S9(4) say about buildings?
‘Building’ can include any vehicle which is permanently habituated
What is the case authority for ‘building’?
Leathley
Why in Leathley was the container considered a building?
Because it didn’t have wheels and had been there for 2/3 years
What is the case authority for ‘part of a building’?
Walkington
Why did the counter constitute ‘part of a building’ in the case of Walkington?
Because it was a designated area
Give another case example for ‘part of a building’
Laing - stock area
What is the case authority for ‘as a trespasser’?
Smith and Jones
What does Smith and Jones say about being a trespasser?
To go beyond one’s permission makes them a trespasser
What is the case authority for ‘intention/recklessness as to trespass’?
Collins
Why did D in the case of Collins not have intention/recklessness as to trespass?
Because she had invited him in
What is the mens rea of S9(1)(a)?
D must have intention to commit one of 3 ulterior offence
Which case must be used for intention?
Mohan
What type of intent will be sufficient for burglary?
Conditional intent
What is the case authority for conditional intent for burglary?
Attorney General’s reference (Nos 1 and 2 of 1979)
Which case says that GBH can be committed while escaping and this will still amount to burglary?
R v Jenkins
For S9(1)(b) it must be proved that D had intention to do what?
Commit theft or GBH
Which 3 cases must be used when discussing whether D has committed GBH?
DPP v Smith
R v Mowatt/Belfon
R v Mohan
