Burglary Flashcards
Which section of the Theft Act sets out burglary?
Section 9
What does section 9 of the Theft Act set out?
Two offences of burglary
What does section 10 of the Theft Act set out?
Aggrevated burglary
What is the maximum penalty for Burglary?
14 years imprisonment for dwellings and 10 years imprisonment for all other buildings
What is the maximum penalty for aggrevated burglary?
Life imprisonment
Give the section nine one A definition of burglary
You commit a burglary if:
D enters a building or any part of a building as a trespasser with intent to either steal anything in the building, or inflict GBH on any person in the building or do unlawful damage
What is the actus reus of one A burglary?
Where D enters a building or any part of a building as a trespasser
What is the mens rea of section nine one a burglary
Intent to either steal anything in the building, or inflict GBH on any person in the building or do unlawful damage
What was historically a further offence under section nine one A?
Intention to enter a building to rape
Which piece of legislation repealed intention to enter and rape?
Sexual offences act 2003
What is section 9 one A concerned with?
Entry with intent
State the definition of the second offence that section nine one B sets out
You commit a burglary if having entered as a trespasser he steals or attempts to steal anything in the building or inflicts or attempts to inflict GBH on any person therein
Give the two main differences between section nine one A and B
In A, intent to commit the ulterior offence can come later
Section A covers unlawful damage
Give the significance of Collins in relation to entry
He had entered the building
Give the facts and decision of Brown
D was leaning in a shop window rummaging through goods, his feet were outside
His entry was effective
Give the facts and decision of Ryan
D was trying to enter through a window but his head and arm got stuck
This was an entry although it wasn’t effective
What does the theft act extend building or part thereof to include?
Inhabited places such as house boats, caravans, outbuildings and sheds but there have been conflicting decisions on portacabins
Give the significance of b and a v leathley
A 25 foot freezer used as storage which was connected to electricity and had doors with locks was held to be a building
Give the significance of Norfolk v Seekings and Gould
A lorry used as storage with steps for access and electricity supply was held not to be a building because it had wheels
Give the significance of Walkington
The counter area of a shop was held to be part of a building
When are you not a trespasser?
When you have permission to be on the premises
Give the mens rea of trespassing
You must know you are a trespasser or be subjectively reckless as to whether you are trespassing
Give the significance of Collins in relation to trespassing
D was not trespassing because he had been given permission to enter
When may you be a trespasser despite having permission?
Where you go beyond that permission
