burglary cases Flashcards
Collins (1972)
- key case
sum: he appealed as not a tresspasser because she invinted him (thinking it was her bf) in when he was naked and climbed up a ladder drunk and into her window to have sex.
sig: entry has occured if it’s “an effective and substantial entry”. He entered as a trespasser under S9 (1) (a) TA with intent to rape.
Brown (1985)
sum: D was standing outsidee shop leaning in through window rumaging through goods.
sig: entry only has to be effective, which it was when he was able to reach goods he wished to steal
Ryan (1996)
sum: D’s head and right arm got trapped in house window when trying to get in
sig: Jury no longer has to be effective or substantial entry, so even though he wasn’t able to do what he wished he still was found to attempt to gain entry.
B & S v Leathley (1979)
sum: D’s stole meat from a freezer container that was 25 foot long with weight of 3 tons and had been in place for 2/3yrs.
sig: it was classified as a building as it rested on a sleeper because it had doors with locks and was connected to electricity.
Norfolk Constabulary v Seekings and Gould (1986)
sum: Lorry trailer with wheels used for storage and connected to electricity supply.
sig: couldn’t be a building as still had wheels
R v Walkington (1979)
sum: D opened till in counter area of shop that was marked by a 3 side counter
sig: guilty under S9 (1) (a) as he entered part of the building as a tresspasser with intention of stealing.
R v Jones and Smith (1976)
sum: D’s went into Smiths dads house and took 2 TV sets without parents permission or knowledge. Father said he wasn’t a tresspasser as he had general permission to enter
sig: S9 (1) (b) TA - entered premises of another knowing he entered in excess of permission he’s been given to enter, and was reckless when entering in excess of permission
