Chapter 20: Offences against property - Burglary Flashcards
What is the overview of Burglary?
2 types of burglary
- D enters the building and
intended to steal - No need to establish action, just intention - D was already entered and steals/attempts to steal - Need to establish D actually did something (steal or hurt)
Type of offence
- Indictable offence
Punishment
- Where offence was ‘dwelling’ in a building or part of a building - 14 years
Other cases - 10 years
What are the relevant stautes for both kinds of burglary?
Section 9(1)(a) Theft Act 1968
- he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
Section 9(1)(b) Theft Act 1968
- having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm
What is the overview for Section 9(1)(a)?
Crime
- Ulterior intent crime – trespassing but with a separate intent to do something else - steal/hurt)
Note
- This section is present tense (“enter”)
What are the 7 elements of Section 9(1)(a)?
Actus reus
- Enter
- As a trespasser
- Any building or part of a building
- Part of a building
Mens rea
- D must know or be reckless as to whether he or she is trespassing at the time of entry
- Ulterior offence
Concept of ‘dwelling’
What is ‘enter’ for Section 9(1)(a)?
What is the case for this?
Introduction
- Insertion of any part of the body, however, small is sufficient entry – R v Ryan [1996]
Note
- Before this, sufficient entry is ‘effective and substantial entry’
Case
- R v Ryan [1996]
R v Ryan [1996]
enter
Facts
- D became trapped by the neck with only his head and arm inside the window
He argued that it was not an entry as he couldn’t steal anything
Held
- Rejected
It cannot have been intended that D must have got so far into the building to accomplish the unlawful purpose
Takeaway
- There need not be ‘effective’ nor ‘substantial entry’
What is meant by ‘as a trespasser’
What is the case for this?
Introduction
- Entry **without consent **and the person knows or was reckless to the fact that he has no consent to enter – Collins (1973)
Case
- Collins (1973)
Collins (1973)
as a trespasser
Facts
- D was sitting at window ledge of a women’s room
- Had intention of having sexual intercourse with her
- Woman invited him, thinking he was the boyfriend
Held
- COA held that he was a trespasser
* On grounds that the guy must have - - no expressed or implied permission not to enter and
-
know or was reckless that there was no consent
Note
Is it trespassing if someone already invited you in? (exceeding authority)
What is the case that explains this?
as a trespasser
R v Jones and Smith [1976]
R v Jones and Smith [1976]
exceeding authority
Facts
- Son and friend entered the parents’ house to steal a television set
- He had the general license to enter, he had general permission to enter
Held
- Was held guilty of burglary
- The intention to steal vitiates the license to enter, on grounds that this is exceeding his authority
Takeaway
- Once the intention formed to steal something, he exceeded authority
Note
- This case was charged under Section 9(1)(b)
*Where the offence was committed not at the time of entry, but when the ulterior crime is committed, and the time he knew he entered as a trespasser
What is ‘any building or part of a building’, who are the authorities that provide this?
What statute provides what is a considered a building/part of?
Introduction
- Its “ordinary and usual meaning is a block or brick or stone work, covered by a roof.” – Lord Usher MR in Moir v Williams [1892]
- “A structure of considerable size and intended to be permanent or at least to endure for a considerable time.” – Stevens v Gourley [1859]
Statute
- Section 9(4) - “References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.”
What is ‘part of a building’, what is there to note about this?
What is the case for this?
Introduction
- Sufficient if the part of the building allows to commit burglary by entering the room of another lodger/section within the same house (different compartment)
Note
- The word “part” has no precise meaning in relation to buildings
- Its significance is that a man may lawfully enter one part of a building, yet be a trespasser if he sets foot upon another
Case
- R v Walkington [1979]
R v Walkington [1979]
part of a building
Facts
- A person walks into a supermarket without any unlawful intention
- Went behind the counter to the till/cash register area to steal from that area
Held
- This was a separate ‘part of the building’
Takeaway
- When the D has the general allowance to enter the general part of the building, until he enters into a different/separate part which would be considered trespassing
What is meant by ‘D must know or be reckless as to whether he or she is trespassing at the time of entry’?
Waht is there to note about this?
Introduction
It must be proved that D knew or was reckless to the facts, which, in law, makes his entry trespassory (essentially a subjective test) – R v Collins [1973]
Note
- It is a question for the D, whether he honestly believed that he had the right to enter
- This would be a matter for the prosecution to disproof
What is an ‘ulterior offence’?
Introduction
- Must be proven that D entered with **intent to commit **one of the following offences - (essentially trespassing, but intending to commit a different offence)
- stealing
- Inflicting GBH
- Unlawful damage to the building or anything therein
What is the concept of ‘dwelling’?
What is the sentencing for dwelling & non-dwelling?
Introduction
- Burglary depends whether the offence was committed in a “dwelling” or “non-dwelling” premises
Note
- This is extremely important to the seriousness of his charge/sentence
Sentencing
- dwelling - Indictable offence & sentenced for 14 years imprisonment
- non-dwelling - 10 years imprisonment
What is Section 9(1)(b) for burglary?
Section 9(1)(b) - If a person having entered any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any GBH
- Once the D has already entered, where he has to end up conducting
1. Theft
2. Inflicts – Section 40 OAPA
3. GBH – Section 20/18 OAPA
What type of crime is Section 9(1)(b)?
Result crime (theft or attempt)
What are the 7 elements for Section 9(1)(b)
- Having entered
- As a trespasser
- Any building or part of the building
- Part of a building
- D must know or be reckless as to whether he is trespassing at the time of entry
- Ulterior offence
- Dwelling
Note
- Only difference is the first element (entered)
