Burglary

Question 1

What act is burglary and what are the requirements W16P1

Answer 1

S.9 of the Theft Act 1968.
There are two types of burglary and they share some common elements that you should establish before discussing which type you are faced with

The common elements are entry, into a building or part of a building and as a trespasser.

Question 2

What is an effective entry W16P1 and P60

Answer 2

In R V Ryan (1996) the defendant climbed into a house through a window but got stuck halfway. He was guilty as the entry was deemed effective as he could have stolen something from that position.

Question 3

Into a building

Answer 3

A house, garage, shipping container and caravan are all considered a building because they have a degree of permanence or are being used as dwelling places.
In B&S V Leathly (1979), a lorry container was classed as a building because it was resting on sleepers, had an electricity supply and had been in place for two years.
However, in Norfolk Constabulary V Seeking and Gould (1986) the fact that it had wheels means it stayed a vehicle even though it had been there a year which shows the need for a degree of permanence.