Burglary [Property Offences] Flashcards
Intro
There are two ways in which one can commit robbery, under s9(1)(a) and s9(1)(b), with the actus reus being the same and the mens rea being different.
From which section of which Act of Parliament is the offence under?
s9 Theft Act 1968
What is the FIRST part of the Actus Reus?
There is no legal definition for ‘entry’ so it has been developed through case law. R v Collins required an ‘effective and substantial’ entry. Later, R v Brown reduced that to only requiring an ‘effective’ entry. Currently, R v Ryan gave a requirement that ‘entry’ should be given its ‘ordinary meaning’ and is a matter for the jury to decide.
What is the SECOND part of the Actus Reus?
There is also no legal definition of ‘building’ or ‘part of a building’ but in Stevens v Gourley a building is a ‘structure of considerable size intended to be permanent’. The Theft Act 1968 extends the meaning to include inhabited place such as caravans or houseboats (Coleman). Garden sheds are also included (Rodmell). The second part of the definition deals with situations in which D has permission to enter a building but then goes somewhere they are not allowed to be (Walkington).
What is the THIRD part of the Actus Reus?
A trespasser is someone who does not have permission to be somewhere. If a D is allowed to be in one part of a building, but not another, and they enter that forbidden area, they are a trespasser (Collins). Even if a D is allowed to be in a building, they may do something that goes beyond their permission (Smith and Jones)
What is the FIRST element of the MENS REA?
As mentioned before, the mens rea of burglary is different under s9(1)(a) and s9(1)(b). However, both require the D to have intentionally, when D wants an outcome (Byrne), or recklessly, when D perceives a risk of an outcome occurring but they take it anyway (Cunningham), trespassed.
What is the SECOND part of the MENS REA?
S9(1)(a) requires a D to have intended to steal/inflict GBH/do criminal damage upon entering the property as a trespasser meaning they must have had the mens rea before entering the property. It doesn’t matter if they don’t get to commit the offence as long as they intended to.
S9(1)(b) requires a D to enter a property as a trespasser and commit, or attempt to commit, theft/GBH meaning they developed the mens rea after entering the property. The D must have at least attempted to commit the offence or they will not satisfy this element.
Punishment
- up to 10 years for a non-dwelling
- up to 14 years for a dwelling
