Burglary Flashcards
Where is the law on burglary found?
S9 Theft Act 1968
S(9)(1)(a)
D enters a building or part of a building as a trespasser with the intention to commit any of the ulterior offences set out in S9(2) - theft, GBH or criminal damage
S9(1)(b)
D, having entered a building or part of a building as a trespasser, steals or attempts to steal or commits/attempts to commit GBH
What is the case for entry and what does it show?
R v Ryan - D doesn’t have to actually be capable of committing the offence in order to have entered a building
Entry can be via an extension of D’s body
What does B and S v Leathley show?
That whether or not something will be classed as a building depends on whether it has a high degree of permanency
S9(4)
Inhabited vehicles and vessels would classify as a building
What was classed as part of a building in R v Walkington?
Behind a shop counter
How is a trespasser defined and what case demonstrates this?
Someone who enters without permission or where they exceed their authority to be there for that particular purpose
R v Smith and Jones
What else must be proved with regards to trespassing (other than that they were a trespasser)
It must be proved that D had the intention to trespass
With S9(1)(a), do the offences need to actually be carried out?
No, D just needs the intention for them
Which case shows that conditional intent is sufficient for S9(1)(a) burglary?
AG Reference (No. 1 and 2 of 1979)
What does R v Jenkins show about GBH in S9(1)(b)
GBH can be committed whilst trying to escape
