Burglary 9 (1) (b) Flashcards
What defines burglary under Section 9(1)(b) of the Theft Act 1968?
Burglary is defined as when a person, having entered a building or part of a building as a trespasser, commits or attempts to commit theft or grievous bodily harm.
What constitutes the ACTUS REUS of burglary?
The ACTUS REUS is the entry of a building or part of a building as a trespasser PLUS committing or attempting to commit theft or GBH.
What is required for an effective entry in burglary?
There must be an effective entry, as established in Brown and Ryan.
What is the definition of a building in the context of burglary?
A building requires permanence and can be just part of the building, as in Walkington.
What does Section 9(4) state regarding buildings?
Section 9(4) states that a building includes inhabited vehicles or vessels, such as caravans and houseboats.
What was held in Seekings and Gould regarding storage units?
Seekings and Gould held that a storage unit with wheels was not a building.
How did Stevens v Gourley describe a building?
Stevens v Gourley described a building as ‘A structure of considerable size and intended to endure a considerable time.’
What is the definition of a trespasser?
A trespasser is someone who enters a building (or part of a building) without permission, as established in Collins.
What does it mean to enter with permission as a trespasser?
It includes entering with permission then going beyond that permission, as in Smith and Jones.
What must be established if theft or attempted theft occurs?
Theft was committed or attempted when D dishonestly appropriated property belonging to another.
What must be established if GBH or attempted GBH occurs?
GBH was committed or attempted when D caused V serious harm.
What is the MENS REA for burglary?
The MENS REA is intention or subjective recklessness as to entering as a trespasser, PLUS the mens rea of theft or inflicting GBH.
What is the mens rea of theft under Section 2?
The mens rea of theft is that D must be DISHONEST.
What is the 2-stage test for dishonesty established in Ivey v Genting Casinos?
Firstly, the jury must decide if D’s actions were dishonest based on the standards of ordinary decent people.
What constitutes intent to permanently deprive property?
Disposing of or treating the property as one’s own.
Example: D ran away with the purse (DPP v Lavender, Raphael, Lloyd).
What is the mens rea for GBH or attempted GBH?
Direct intention or subjective recklessness as to causing some harm.
Cases: Mowatt, Savage, Parmenter.
What does S.20 of the Offences Against the Person Act define?
It defines the mens rea of inflicting GBH when a person has direct intention to cause some harm.
What is the conclusion regarding D’s guilt in this context?
D will be guilty of burglary under S.9(1)(b).
