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
