Burglary (AO1)

Question 1

Burglary is defined under which section of the Theft Act 1968?

Answer 1

Section 9 of the Theft Act 1968

Question 2

How many ways can burglary be committed under s9 of the theft act 1968?

Answer 2

In two different ways

Question 3

Under s9 (1)(a) a person is guilty of burglary if he…

Answer 3

“A person is guilty of burglary if he enters any building or part of a building as a trespasser with the intent to steal, inflict GBH, or commit unlawful damage to the building or anything in it”

Question 4

Under s9 (1)(b) a person is guilty of burglary if…

Answer 4

“A person is guilty of burglary if, having entered a building or part of a building as a trespasser, he steals or attempts to steal or inflicts or attempts to inflict grievous bodily harm on any person in the building”

Question 5

What are three common elements that must be proven for s9(1)(a) and s9(1)(b)?

Answer 5

-Entry
-Of a building or part of a building
-As a trespasser

Question 6

What is the difference between s9(1)(a) and s9(1)(b)?

Answer 6

The time at which the intention is developed around entry.

Question 7

How is entry defined?

Answer 7

Instead of through Theft Act 1968, the courts use case law to define entry.

Question 8

Does there have to be an actual or complete entry to be guilty of burglary?

Answer 8

No

Question 9

What was the principle in Ryan (1996)

Answer 9

The CofA upheld the conviction stating that the defendants partial presence within the building amount to entry as it was classed as effective entry

Question 10

Which part of the Theft Act 1968 defines building?

Answer 10

Section 9(4) Theft Act 1968

Question 11

What does the Theft Act 1968 fail to do?

Answer 11

It fails to give any basic definition for building, this is unproblematic as houses, flats, offices, factories etc. are all considered buildings

Question 12

What was the principle Stevens v Gourley (1859)

Answer 12

Judges stated a building needs 2 elements: a fairly permanent structure, and to be of considerable size

Question 13

What was the principle in B and S Leathley (1979)

Answer 13

The freezer container was a building as it had been in the same place for 3 years

Question 14

What was the principle in Norfolk Constabulary v Seekings and Gould (1986)

Answer 14

The character of the structure hadn’t changed they were still vehicles and weren’t a building for the purpose of robbery

Question 15

What was the principle in Walkington (1979)

Answer 15

The defendants conviction for burglary under S.9(1)(a) was upheld as he entered part of a building with intent to steal

Question 16

In order for the D to commit burglary he must enter as…

Answer 16

A trespasser

Question 17

What was the principle in Collins (1972)?

Answer 17

The CofA quashed the defendants conviction for burglary as he couldn’t be a trespasser if he wasn’t aware of it and he wasn’t reckless in becoming a trespasser

Question 18

If the D is given permission to enter a building but then goes beyond that permission, could he be considered a trespasser?

Answer 18

Yes

Question 19

What is the principle for Smith and Jones (1976)?

Answer 19

If a person knows or is reckless at going beyond their permission they will be classed as a trespasser

Question 20

Which case made it the law that anybody entering a shop intending to steal is going beyond the permission to enter the shop in order to buy goods?

Answer 20

Smith and Jones

Question 21

Where a D gains entry to a building through fraud, is there genuine permission to enter?

Answer 21

No and so the D is a trespasser

Question 22

What are the two parts to the mens rea of burglary?

Answer 22

-MR as to entering as a trespasser
-MR for the ulterior offence

Question 23

If a D is entering a building to steal anything he can find inside which is valuable (conditional intent) is this sufficient for the D to be guilty of s9(1)(a)?

Answer 23

Yes it is sufficient for the D to be guilty under s9(1)(a) even if there is nothing worth taking and he doesn’t actually end up stealing anything

Question 24

What was the principle in A-G Reference (Nos 1 and 2 of 1979)(1979)

Answer 24

The CofA held that the trial judge had made an error of law, conditional intention to steal whatever there is worth stealing is still intention to steal