Burglary - Criminal Law

Question 1

What are the 2 different definitions of Burglary under the theft act

Answer 1

S9(1)(a) - enters a building or part of a building as a trespasser with intent to steal, inflict GBH or do unlawful damage
S9(1)(b) - enters a building or part of a building as a trespasser who steals or attempts to steal or inflicts or attempts to inflict GBH

Question 2

What is considered ‘entry’

Answer 2

The jury was asked to consider if entry was deemed to be ‘effective and substantial’ in Collins. Then in the R v Brown case this was modified to ‘effective’. Finally in R v Ryan there is no mention of even ‘efficient’. ‘Entry’ was deemed sufficient

Question 3

What is meant by ‘part of a building’

Answer 3

When the trespasser might have permission to be in one part of a building but not another this can also be part of Burglary shown in the R v Walkington case

Question 4

What constitutes a building

Answer 4

• Includes things like caravans and houseboats
• In B and S v Leathley a freezer container was a building but in Norfolk constabulary v seekings and Gould a lorry trailer was not
• In Rodmell the judge stated that breaking into outbuildings is just as much burglary as breaking into a place people live

Question 5

What is considered ‘going beyond permission’ and who is considered a ‘trespasser’

Answer 5

• If a person has permission to enter they are not a trespasser - R v Collins
• a person is also a trespasser if they go beyond permission to be somewhere. This means that even when the defendant has permission to be somewhere if they abuse that permission by using it as an opportunity to steal something this would probably make them guilty of burglary R v smith and Jones