burglary-AO1 Flashcards
explain S9(1)a of burglary from TA 1968 - the actus reus
(give the 3 ulterior offences)
a person is guilty of burglary if he enters any building or part of a building as a trespasser and with the intent of:
- stealing anything in the building or part of a building
- inflicting on any person GBH
- doing unlawful damage to the building
explain S9(1)b of burglary from TA 1968 - the actus reus
(give the 2 ulterior offences)
a person is guilty of burglary if they have entered any building or part of a building as a tresspasser and he:
- steals or attempts to steal anything in the building or that part of it
- inflicts or attempts to inflict on any person therein any GBH
what are the differences between s9(1)a & s9(1)b
s9(1)a: have to have the intent on entry
s9(1)b: has no unlawful damage, has developed intention (“having entered”)
what defines a building and what buildings bring up issues
not defined in act but requires a degree of permanance- B&S v Leathley (houseboats, caravans, sheds)
s9(4) includes inhabited vehicles and vessels
however temporary structures used for storage/offices bring up issues on what is considered a building
what defines part of a building with a couple of examples
covers the situation where D has permission to be in one part of it but not another- R v Walkington
(individual hotel rooms, individual student accomodation rooms in halls of residence)
briefly explain the 2 ways the prosecution can prove that the D was a tresspasser
- D must enter as a trespasser without permission, either knowingly or subjectively reckless- R v Collins
(subjectively reckless meaning D knew that there was a risk that he/she was trespassing) - if D goes beyond the permission to enter- R v Smith & Jones
what is the mens rea of s9(1)a?
requires the D to be at least reckless as to being a trespasser and must intend to commit one of the 3 ulterior offences at the time of entry
what is the mens rea of s9(1)b?
requires the D to be at least reckless as to being a trespasser and must have the intention in relation to the 2 ulterior offences
what is conditional intent?
under s9(1)(a) where D is entering to steal anything which he can find taht is worth stealing