Burglary Flashcards
Burglary Definition
Burglary is split into what two Sections?
s9 of the Theft Act 1968
(1) A person is guilty of burglary if:
(a) He enters any building or part of a building as a trespasser and with INTENT to:
- Steal anything therein
- Inflict GBH on anyone therein
- Commit unlawful damage to the building or anything therein
(b) Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it OR inflicts or attempts to inflict on any person therein any grievous bodily harm.
Penalty:
- Summarily– 6 months and/ or fine
- Indictment– 10 years (14 years if dwelling).
Difference between Section 9(1)(a) and 9(1)(b) of the Theft Act 1968?
Section 9(1)(a) is the intention to commit burglary only – the mens rea.
Section 9(1)(b) is the actual action, - the actus reus. Also no criminal damage in (b).
For an offence under Section 9 (1) (a) to have been committed the suspect must enter a building with the intention to:
(Subsection 2)
- Steal anything in the building;
- Inflict grievous bodily harm on anyone in the building;
- Unlawfully damage the building or anything inside it.
For section 9 (1) (a), the acts do not have to have been carried out. The suspect only needs to have intended to carry them out. You can prove intent by guilty admission, circumstantial evidence such as finding the suspect in the building in possession of property which is known to belong to the building.
What does ‘entry’ mean?
Generally, ‘entry’ is made by the burglar by physically coming into the building.
- However, ‘entry’ can also be through inserting part of their body into the building - such as reaching through a window.
Also, using tools or items to extend the burglar’s reach into the building is considered ‘entry’, e.g ‘letterbox burglaries’, in order to enable the ulterior offence to take place.
Insertion of an instrument merely to facilitate entry, e.g using a coat hanger to open a window lock, would not be entry.
In order to commit burglary, does a person need to know that they are entering a building as a trespasser?
Yes- they must know that they do not have any right by law to enter that building, nor explicit or implied permission to do so, or reckless to that fact.
What more obscure types of trespassing can exist?
- Entering a building by deceiving the owner into giving permission to enter.
- e.g pretending to be from a utility company, will be sufficient, e.g “distraction burglary” offences, particularly against elderly victims. - When a suspect exceeds a generally given permission.
- e.g you may have a general permission to enter your parents’ house, but should you enter and steal their jewellery, it could be said that your general permission did not extend as far as taking their personal property. Therefore, you could be guilty of burglary. - A further example could be a shopkeeper, who gives general permission to all his customers to enter the shop during opening hours and to go as far as the public areas. Should that general permission be exceeded, such as going into staff areas, behind the till or into the shop outside of opening hours, a person could be held to be a trespasser.
What constitutes a “building”?
s9(4) of the Theft Act 1968
- Largely considered to be a structure of a permanent nature.
- Tents and marquees, therefore, fall outside of the term.
- Inhabited vehicles are included e.g caravans.
Conditional intent
Provided the required intention can be proved, it is immaterial whether or not there is anything ‘worth stealing’ within the building.
The same will be true if the person whom the defendant intends to cause serious harm is not in the building or part of the building at the time.
It is essential, for an offence of burglary to occur, for a person to do what?
Enter the building or part of a building as a trespasser.
For 9(1)a they must have INTENT at the time of entry.
Question: The offender approaches the house and cannot gain entry. He sees a large stick in the garden with a hooked end. He placed this through the letterbox and manages to hook keys for the family car. He brings these out through the letterbox and steals the car.
Has he committed a burglary?
- Yes, a burglary has taken place.
- The stick here is an extension fo the offender’s body and therefore as it is being used to steal items then it qualifies as an entry.
Question: A family who lives in a caravan on a permanent site decide to go on their monthly shop to the supermarket. They take the caravan with them, leave it and the car in the car park and while shopping, it is broken into and all of their money is stolen.
Has a burglary been committed?
- No.
- Although a caravan is recognised as a ‘building’ if people live in it, as soon as it leaves the permanent plot for a short while, it is no longer said to be inhabited, so it is not a burglary.
- If the same thing happened on their permanent site then it would be a burglary.
Question: Sanjay goes into the pub with his friend Steve. Having drank a lot of alcohol, Sanjay stumbles to the toilet where he falls asleep. He wakes up in the middle of the night and realises the pub is closed. Sanjay sees a mobile phone next to the sink. He decides to steal it, he then climbs out of the toilet window and makes his escape.
Has a burglary been committed?
- No.
- Sanjay does not enter the pub as a trespasser, nor does he enter the toilet as a trespasser.
- He falls asleep and when he wakes up the pub is closed, as such he no longer has implied permission to be in the toilet, he is now a trespasser.
- However, when he decides to steal the phone he does not commit burglary because he did not ENTER the toilet as a trespasser, he became one in there.
Question: Patrick hates his maths teacher. He knows where she lives and that she is going out to the theatre. He also knows that she leaves her spare key under a gnome. That night, he uses the key and enters her home. He goes into her lounge where he smashes three ceramic dolls before leaving.
Has a burglary been committed?
- Yes.
- He has entered as a trespasser with the intention of seeking revenge on his teacher. Once inside he has smashed her dolls causing damage.
- Therefore, he has committed Burglary 9(1)(a).
Question: Ruth enters a house with the intention of burgling it. She takes with her a roll of gaffer tape which she intends to use to tie up the occupants
Has a burglary been committed?
Yes, this is an aggravated burglary. The definition of weapon of offence has a wider definition in this act and includes items for incapacitating a person.
Question: Martin is a mechanic. He has a row with his boss and turns up to work the next day with the intention of knocking him out. He has with him a wrench to do this. He is about to hit him when he changes his mind and puts it back in his pocket.
Has a burglary been committed?
No, he was at no point a trespasser therefore it cannot be burglary.
