Chapter 16- Burglary Flashcards
which section does burglary cover and what are the main common elements
Section 9
-the main elements:
»Entry
»a building or part of it
»As a trespasser
what is the difference between 9(1)(b) and (a)
(a)- Here the defendant must have the intention to commit the burglary
(b)- here the prosecution does not have to prove the intention but simply if they have committed it.
Describe the case of R v Brown and state where Entry was present
the defendant reached into a window with his hand and upper body to reach in to get an item. His entry was through his upper body
give examples of ‘buildings’ in the Theft act
-houseboats
-caravans
-large storage containers
what does ‘part of a building mean’
used to cover situations when the defendant has been granted permission in one part of the building and so isn’t a trespasser in that part however in the other part is.
Describe the case R v Walkington
A defendant went to the counter area and opened the register however the area was clearly marked by a three sided counter.Hence he was counted as a tresspasser
what are the 2 elements of mens rea for burglary
-Defendant should know that they are trespassing
-must have the intent of theft or harm
what is aggravated burglary and which section does it cover
Section 10
-the defendant has committed a burglary and has with them a firearm or an imitation (weapon)
what should be proved to show aggravated burglary
-at the time
-has with them
-a firearm or imitation
-any other weapons
-explosives
what is the maximum penalty years by the crown court
14 years
what is the main evaluating point for burglary
It is easier to prove 9b than 9a as proving intention is harder than just proving facts
trespasser- a person who was not initially a trespasser can become one.
