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
