BURGLARY - PROPERTY OFFENCE (paper 1) Flashcards
1
Q
Two different offences for burglary
A
- statutory offences
- often commit first then go onto second
- S9(1)(a) or S9(1)(b)
2
Q
S9(1)(a)
A
- D enters the building or part of building, as a trespasser, with the intent to commit 3 offences;
- steal
- inflict GBH on person in building
- to cause unlawful damage on building /anything in it
3
Q
S9(1)(b)
A
- D, having entered any building/any part of the building, as a trespasser, commits one of two offences
- steals/attemptes to steal
- inflicts/ attempts to inflict GBH on any person in building
4
Q
AR 1 - entry
A
- not defined in S9, common law has explained
- Collins - “entry had to be substantial and effective” (not the current law)
- courts moved to a more public policy approach
- R v Brown (only had to be “effective”, no longer substantial)
5
Q
R v Brown (1985)
A
- D leaned into shop window to steal goods
- upheld conviction for burglary saying it only had to be an “effective” entry
6
Q
R v Ryan (1996)
A
- D was conceited of burglary when he got stuck in a window while trying to break into house
- CA upheld conviction even though he didn’t get in
- was still a effective entry
7
Q
AR 2 - Building or part of a building
A
- S9(4) says it will include any “inhabited vehicle or vessel”
- courts say a building has to be a structure with some “permanence”
- sheds couldn’t count as it can easily be taken down
- courts have accepted houseboats and caravans as buildings
8
Q
B and S v Leathley (1979)
A
- a freestanding freezer container taken off wheels which had electricity, not used as a lorry container which could be locked counts as a building
9
Q
Norfolk constabulary v Seekings & Gould (1986)
A
- lorry container which had not been used as such for a year, which had steps & electricity was not a building as it was still on wheels
10
Q
Walkington (1979)
A
- “part of a building” can include areas where D is denied
- eg the till area of a shop in Walkington counted as “part of a building”
11
Q
AR 3 - as a trespasser
A
- trespasser is someone with no permission
- can include going beyond/exceeding permission
12
Q
Smith and Jones (1976)
A
- D generally had permission to enter his father’s’ house but he exceeded this when he went in at night and stole TV sets
13
Q
Australian case - Barker v R
A
- man was given key to keep an eye on neighbours house
- guilty of burglary when he used the key to enter and steal
14
Q
MR of burglary
A
- (1) D must either know he is trespassing or he must be subjectively reckless about entering the building
- (2) D must have the required MR for ulterior offence
15
Q
sentencing of burglary
A
- max sentence is 10 years
- Max sentence for burglary of a domestic dwelling is 13 years imprisonment
