burglary - property offences Flashcards
under section 9 (1)(b) what is the mens rea of burglary?
the defendant must have the mens rea for theft or grievous bodily harm.
under section 9 (1)(a) what is the mens rea?
the defendant must have had an intention to commit one of the offences listed at the time of entering the building.
what is the maximum sentence of burglary?
14 years if it is a dwelling, 10 years if not
what is the mens rea of burglary?
the defendant must know or be reckless as to whether they are a trespasser.
R v Collins (1972)
defendant climbed through a window with the help of a girl thinking it was her boyfriend. the defendant was convicted of burglary as prior to 2003 where rape was then included in the definition.
-if a defendant honestly believed he had consent to enter a building, they cannot be a trespasser.
what does it mean by as a trespasser?
a person entering a building is not a trespasser if the owner of the building has given them permission to be there. The permission may be express or implies, covering a customers rights to enter the public areas of a shop. For criminal law, a trespasser must have the mens rea for trespass. the defendant must know or be reckless as to whether they are entering s building without consent.
R v Walkington (1979)
the defendant had noticed that a partly open till had been left unattended in a Debenhams store. he went behind the counter and found that the till was empty. he tried to leave the store but was stopped. a lawful customer becomes a trespasser when entering an unauthorised area such as behind a till.
what does it mean by a building or part of a building?
a building should be reasonably permanent and includes outbuildings such as sheds, garages, greenhouses. it could also include inhabited vehicles and vessels which expands the meaning to include caravans, canal barges and caravans if they are being used as a dwelling.
R v Ryan (1996)
defendant tried to enter a building at 2:30am but had got stuck. His head and one arm were though the window and the window was resting on his neck. entry could involve part of the body and does not depend on whether enough of the body was inside.
what does it mean by entry?
where someone breaks into a dwelling with the intention to steal property. this can include entering a building by just part of the body.
what does section 9 (1)(b) of the theft act 1968 say?
a person is guilty of burglary if, having entered any building or part of a building, they steal or attempt to steal or inflict or attempt to inflict grievous bodily harm.
what does section 9 (1)(a) of the theft act 1968 say?
a person is guilty if burglary if they enter any building or part of a building as a trespasser with intent to steal or to inflict or attempt to inflict grievous bodily harm or to do unlawful damage.
what is burglary?
illegal entry of a building with intent to commit a crime.
