Burglary Flashcards
What is Burglary?
Burglary is where D uses force to break into a private home/building and steals from it. D must be a trespasser in the building.
What happens if a threat is included?
This then confers into Robbery. Armed robbery will result in life imprisonment.
What happens if D commits first time burglary?
D will not go to prison for committing first time burglary.
What is the main conception of trespass to consider?
Trespass is a civil offence. This is whether at the time of entry to a building, d was permitted to do so.
What happened in R v Jones & Smith?
D entered home and took T.V. COA upheld his conviction as he had gone beyond what the permission was to do and was therefore a trespasser.
Entry cases - WILL BE ON EXAM.
R v Collins 1973 -
R v Brown 1985 -
R v Ryan 1996 -
Collins - Girl invited D in and they had sex. As there was an invitation, D was not a trespasser.
Brown - Entry must be effective
Ryan - Partial entry is defined as sufficient as D had passed the threshold.
What does a building class as?
A building classes as a structure in which has some degree of performance.
B v Leathley 1979
A walk-in freezer is held as a building due to having a form of function.
What happened in the case of Steven v Gourley (1859) ?
A structure is of a considerable size and intended to be permanent or at least to endure for considerable time.
What happened in Norfolk Constabulary v Seeking 1986 ?
A disconnected freezer trailer is not a building.
What happened in R v Walkington 1979?
D need only enter part of the building and will still be considered a trespasser. This give the coincidence in time rule - D must be a trespasser at the time of entry.
What was established in the case of R v Laing 1995?
A defendant cannot become a trespasser in a building or part of a building for the purposes of burglary where he has previously entered that building as a lawful visitor.
What is an ulterior offences?
In law, an additional aspect to the mens rea element of a crime that represents intention to create some additional effect beyond intent or recklessness to commit the primary actus reus of the crime.
What are the ulterior offences to burglary?
Theft, GBH and criminal damage. Did include rape but rape has been removed.
