Burlary Flashcards
What act defines burlary?
Theft act 1968
What section of the act defines burglary?
s9
What type of offence is burglary?
Either way or indictable
What is the max sentence for a burglary?
10 years for a non-dwelling and 14 years for a dwelling
What are the elements of AR for burglary?
Tresspass/ Enter/ Building
What is the difference between s9.1a and s9.1b?
Is intention at the time of entry
What is s9.1a?
Enters a building or part of building as a tresspasser with the intent to commit 1 of the 3 ulterior offences:
Steal anything in the building
Inflict GBH
Cause unlawful damage to the building
What is s9.1b?
D must entered building or part of building as a tresspasser then commits 1 of the 2 ulterior offences:
He steals/ attempts to steal from the building
Inflicts/ attempts to inflict GBH
Is trespass criminal law?
No, its a civil tort
What is the MR needed for trespass?
Intentional/ cunningham reckless
What case states that a shopper who enters a supermarket intending to steal is a burg?
Smith& Jones
What was stated about a trespasser in smith and jones?
A person is a trespasser if he enters premises of another knowing that he is entering in excess of the permission that he has been given to enter
What case indicated that entry must be effective and substantial
Collins
What case states that D does not have to enter the entire building
Collins
What case went against Collins and said that entry should be effective but not substantial?
Brown
What case raised doubt that entry should be effective
Ryan
What did Stevens v gourley indicate about a building
Needed to be a structure of considerable size and intended to be fairl permanent
What section of the theft act says that a building can be an inhabited vehicle or vessel
S9(4)
What was the LP I’m Norfolk constabulary v seekings and Gould
Not inhabited vehicles therefore no building
What case was Norfolk constabulary v seekings and Gould distinguished from?
B&s v leathery (railway sleepers for 3 years)
WHat case states that going behind the counter in a shop is burg
Walkington
What case does walkington go against
Laing
In what case did the c of a indicate that dwelling should be left for jury
Flack
What case said that an unfinished building is a house for burg
Manning
What case indicated that an empty house undergoing renovations is not a dwelling
Stickler
What case confirms that an intent to steal if he could is sufficient
AG ref 1&2
