burglary cases Flashcards
Brown 1985
D was standing on the ground outside but leaning through a broken shop window rummaging through the goods. His feet and lower part of his body were outside of the shop, but the top part of his body and arms were inside of the shop.
Court of appeal said the word “substantial” did not materially assist the definition of entry and his conviction for burglary was upheld as in this situation his entry was effective.
Collins
D climbed a ladder and looked into an open window. He saw a naked girl. He took off his clothes, the girl thought it was her boyfriend and helped him in the room where they had sex.
Convicted of burglary that he entered as a trespasser with intent to rape.
Ryan
D was trapped when trying to get through a window into a house at 2.30am. His head and right arm were inside the house but the rest of his body was outside the house. The fire brigade had to be called to release him.
Upheld his conviction. Uses the literal definition of “entry”, D had entered the house.
Walkington
D went into a counter area in a shop and opened a till. This area was clearly marked by a three sided counter.
Conviction upheld as he entered a part of a building as a trespasser with intention of stealing. The counter area is not an area where customers where permitted to go. It was an area for staff so D was a trespasser.
B and S Leathley
A 25 foot long freezer container had been kept in a farmyard for over two years. It was used as a storage facility. It rested on sleepers, had doors with locks and was connected to the electricity supply.
This was held to be a building.
Norfolk Constabulary v Seekings and Gould
A lorry trailer with wheels, which has been used for over a year for storage, had steps providing access and connected to the electricity supply; was held not to be a building as it has wheels. Therefore it is a vehicle.
Smith and Jones
Smith and Jones went to Smith’s father’s house in the middle of the night and took two television sets without his father’s knowledge or permission.
The father stated that his son would not be a trespasser in the house; he had general permission to enter. The court of appeal upheld their convictions for burglary.
