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
what is the mens rea for s9(1)a
intent to steal, inflict GBH or do unlawful damage
will conditional intent prevent d from being guilty of burglary
no, even if it turns out there is nothing in the building worth stealing AG REF NO 1 AND 2 OF 1979
what is the mens rea for s9(1)b
that of the ulterior offences
d must either have mr of theft/intend/be reckless as to some harm depending on which ulterior offence is relevant
