Burglary S.9(1)

Question 1

A person if guilty of burglary if…

Answer 1

(a) entering a building as a trespasser with intention to commit theft, GBH or criminal damage, to part of a building or anything inside it
(b) having entered a part of a building as a trespasser, he attempts to or actually commits theft, GBH or criminal damage

Question 2

AR of burglary

Answer 2

Entering of a building as a trespasser

Question 3

Case defining entering

Answer 3

R v Brown
B smashed window and only his torso entered the shop
-> however CoA upheld this conviction for burglary as there had been an “effective entry”

Question 4

What counts as a building

Answer 4

Houses, offices, factories, etc. Also includes “inhabited veichle or vessel” (caravan or houseboat)

Question 5

B and S v Leathly 1979, CASE FACTS

Answer 5

D broke into a large freezer on farm size of a room

Question 6

B and S v Leathely 1979, OUTCOME

Answer 6

Freezer amounts to a building bc it was there for three years and was connected to the electricity supply and was fitted with locks

Question 7

Norfolk C v Seekings 1986, CASE FACTS

Answer 7

Lorry trailer with wheels had been used for over a year as storage also connected to electrical supply and fitted with locks

Question 8

Norfolk C v Seekings 1986, OUTCOME

Answer 8

Not held to be a building,
The fact it had wheels meant it was considered a vehicle

Question 9

Part of a building

Answer 9

D may have permission to enter building but not one part, therefore becoming a trespasser
R v Walkington

Question 10

R v Walkington 1979, CASE FACTS

Answer 10

D, a customer, went behind the till counter and stole money from the till

Question 11

R v Walkington 1979, OUTCOME

Answer 11

Convinced of burglary as he’d gone into the part of the building where he had no consent to go to
-> became a trespasser

Question 12

R v Collins, CASE FACTS

Answer 12

Girl saw his silhouette and invited him into the room, ten to fifteen minutes later she discovered he was not her boyfriend and asked him to leave

Question 13

R v Collins, OUTCOME

Answer 13

C charged with burglary, CoA overturned the conviction as he was invited in therefore given consent to enter

Question 14

MR for burglary

Answer 14

S.9(1)(a)- D must have intention/ recklessness for trespassing
S.9(1)(b)- D must have intention to steal/cause GBH/damage

Question 15

S.10 aggravated burglary

Answer 15

Only committed if at the time of the burglary, D has any firearm explosive or weapon with him.
Maximum sentence = life imprisonment