Criminal Law - Burglary Flashcards
What section is ‘entering the property but not carrying out the ulterior motive’?
S9(1)((a))
What section is ‘entering the property but carrying out or attempting to carry out the ulterior motive’?
S9(1)((B))
What is step 1 of Burglary?
Firstly the defendant must have entered the property. The entrance must be ‘an effective and substantial entry’.
Ryan (Step 1)
It doesn’t matter if the defendant wasn’t able to actually commit the crime intended.
Brown (Step 1)
The defendant has entered if they are inside enough to commit a crime.
What is step 2 of Burglary?
It must be a building that was entered. a building or part thereof entered, meaning something fairly permanent or designed to live in.
What counts as a building? (Step 2)
Houses, Offices, Flats, caravans, factories
Coleman (Step 2)
Houseboats can count as being designed to live in
Rodmell (Step 2)
Garden shed is a building that is part of someones home
Norfolk (Step 2)
Trailer with wheels doesn’t count, its a vehicle not a building
Walkington (Step 2)
Going somewhere that is sectioned of or your not meant to counts as part of a building .
What is Step 3 of Burglary?
The defendant must be a trespasser
R v Collins (Step 3)
- Cannot be a trespasser if you have permission to be there
- If the D knows the V has mistakenly invited them, then they are a trespasser
What is step 4 of Burglary?
The defendant is liable at the time of entry with an ulterior motive, this is the intention to either commit a Theft, Criminal Damage or GBH
What is Step 5 of Burglary?
Once inside they are liable for S9(1)((B)), they just have to have the mens rea for either, Theft, GBH, or Criminal Damage
