Burglary A01 Flashcards
Burglary
s.9 of the Theft Act 1968
Two types
s.9(1)(a) and s.9(1)(b)
Entry for both types
df must enter a building or part of a building as a trespasser
entry for s.9(1)(a)
s.9(1)(a) → df must enter with the intention to commit one of the ulterior offences under s.9(2) - to steal, inflict GBH or cause criminal damage
entry for s.9(1)(b)
df must enter and steal or commit GBH or attempt to commit either
R v Ryan
entry only has to be effective as to enter the building/part of it, not effective as to commit the crime
R v Ryan
only a body part entering the building is sufficient
s.(9)4
building = an inhabited vehicle or vessel, doesn’t have to be a home or a dwelling
Stevens v Gourley
building = structure of considerable size intended to be permanent of at least for a considerable time, (tent would not be a building, but a shed would)
Norfolk Constabulary v Seeking
lorry trailers with wheels are vehicles and not buildings
B and S v Leathley
a storage container that had been used as a freezer for two years with a locking door = a building
R v Walkington
a person can become a trespasser when they move from one part of a building to another (e.g: going behind the till they have intention to steal once they enter that space)
R v Jones and Smith
a lawful visitor can become a trespasser if they exceed their permissions
both s.9(1)(a) and s.9(1)(b) for tresspasser
must either intend or be reckless to that they are a trespasser
mens rea for s.9(1)(a)
s.9(1)(a) must intend to commit one of the ulterior offences of theft, GBH or criminal damage upon entry
mens rea for s.9(1)(b)
must have the mr for the offence they commit or attempt, (GBH or theft) → don’t have to have the MR on entry
AG Reference no.1 and 2 of 1979
doesn’t need to intend to steal specific objects, but will be guilty with intent to steal anything worth stealing
max sentence of a dwelling
14 years
max sentence of a non-dwelling
10 years
