burglary Flashcards
how many ways are there to commit burglary under s9(1) of the theft act
2
can both forms of burglary be committed during the same incident
yes
when is a person guilty of burglary under s9(1)a
if he enters any building/part of a building as a trespasser with intent to
- steal
- inflict gbh
- do unlawful damage to building/anything in it
does d need to commit any of the ulterior offences in s9(1)a to be guilty
no but must intend to commit at least one of them when entering
when is a person guilty of burglary under s9(1)b
if having entered any part of a building as a trespasser
- he steals
- he inflicts gbh on any person in the building
must d commit one of ulterior offences for s9(1)b
yes but need not intend to when entering
what are the common actus reus elements that must be proved by the prosecution
- entry
- of any building/part of a building
- as a trespasser
what did RYAN hold
entry is a question of fact for the magistrates/jury to decide in each case
RYAN
there was evidence on which the jury could find that d had entered
what did STEVENS v GOURLEY hold that a building must be
a structure of considerable size and intended to be fairly permanent
under s9(4) of the theft act where else may burglary be committed
an inhabited vehicle/vessel, even when there is no one present at the time
which two conflicting cases are there on whether a large storage container is a building
B AND S V LEATHLEY
NORFOLK CONSTABULARY V SEEKINGS AND GOULD
B AND S V LEATHLEY
container was a building- it had been resting on railway sleepers rather than wheels, in same place, for over 2 years
NORFOLK CONSTABULARY V SEEKINGS AND GOULD
the fact that the lorry trailer had wheels meant that it lacked the degree of permanence required for a building. it could still be operated as a vehicle
what does the fact that d may enter part of a building mean
even if d has permission to enter one part of a building , entering another part of the building can be enough for burglary
what is whether d has entered part of a building a question of
fact for the magistrates/jury to decide in each case
WALKINGTON
d had entered part of a building as a trespasser with the intention of stealing. only staff were permitted to go in this area
what does it mean that d must be a trespasser
d voluntarily enters without the permission of the occupier
is d a trespasser where he gains entry through fraud
there is no genuine permission to enter and d is a trespasser
what must d also commit to be guilty of s9(1)b
the actus reus of theft and inflict GBH
what must d have to satisfy the mens rea of burglary
mens rea both in respect of trespassing and the ulterior offence
COLLINS
for s9(1)a and s9(1)b d must know/be reckless as to whether he is trespassing
when may d still be a trespasser if he has permission to enter a building
if he knowingly or recklessly goes beyond that permission when he enters the building
JONES AND SMITH
D1 had a general permission to enter his fathers house, but he had knowingly exceeded the permission by entering the house in the middle of the night with the intent to steal
