Burglary

Question 1

What is the definition of burglary?

Answer 1

9. 1. A. Enters any building/ part of a building as a trespasser with intent to commit one of the ulterior offences.
10. 1. B. Enters any building/ part of a building as a trespasser and steals or attempts to steal anything of attempts to inflict GBH.

Question 2

What happened in R V Ryan?

Answer 2

Got his head stuck through a window and had to be freed, argued his entry was not effective.
- The entry does not need to be effective.

Question 3

How has the definition of entry changed?

Answer 3

• Had to be substantial and effective. (Collins)
• Then it only had to be effective. (Brown)
• Then it didn’t have to be substantial or effective. (Ryan)

Question 4

What’s the definition of building?

Answer 4

Stevens V Gourley-
- Was a wooden structure resting on timbers a building?

A building is:
- ‘A structure of considerable size and intended to be permanent or at least endure for a considerable time’

Question 5

What will be considered a building?

Answer 5

Norfolk Constabulary V Seeking and Gould-

• 2 lorry trailers been used as storage for over a year. Locked and connected to electricity.
• Not a buildings as they had wheels.

B and S V Leathley-

• Storage container that had been used as freezer for 2 years.
• Considered to be a building as they were on railway sleepers.

Question 6

What is meant by part of a building?

Answer 6

Person may become a trespasser when they move from one part of a building to another.

R V Walkington-
- Charged with burglary after he went behind a counter in a shop to look in the till.

Question 7

Whats the definition of trespasser?

Answer 7

A person will be a trespasser if they do not have permission to be in a building or they go beyond the permission they have been given.

R V Jones and Smith-

• Entered into his parents house and took 2 TV sets.
• He had initial permission to be there but he went beyond this when he stole.

Question 8

What is the mens rea?

Answer 8

• Intend/ reckless to be a trespasser
• Intend to commit one of the ulterior offences 9. 1. A
• Mens rea for the offence when they attempt/ commit it 9.1.B

Question 9

What is meant by conditional intent?

Answer 9

The law does not require D to intend to steal any specific objects.

AGR 1979-

• D claimed he planned to steal anything he found ‘lying around.’
• Still guilty of burglary.