EXAM NOTES: Burglary/Aggravated Burglary

Question 1

What does s9(1)(a) burglary cover? (BA)

Answer 1

trespass with intent to steal/commit GBH/unlawful damage

Question 2

what does s9(1)(b) burglary cover (BB)

Answer 2

trespassing and committing GBH or theft

Question 3

What is the structure for BA?

Answer 3

(1) Enters
(2) Building or part
(3) As a trespasser
(4) Knowledge/recklessness as to trespass
(5) Intention to steal/GBH/unlawful damage

Question 4

What is the AR for s9(1)(a) burglary?

Answer 4

1) enters
2) building or part
3) as a trespasser

Question 5

Explain entry

Answer 5

1) R v Ryan - a matter of fact for the jury to decide

2) Smith & Horgan think should follow old common law rule in Collins: entry of any part of the body, no matter how small

Question 6

What constitutes a building for the purposes of burglary?

Answer 6

1) s9(4) includes inhabited vehicles and boats
2) Stevens v Gourley - considerable size and an element of permanence
3) B and S v Leathley - railway container had been in place for two years and had electricity — building
4) Norfolk Constabulary v Seekings & Gould - railway containers used for temporary storage — not building

Question 7

What is the rule about part of a building

Answer 7

R v Walkington

• entering part of a building which D is not entitled to go into is trespass
• even if he is entitled to enter other parts of the building
• here, till area

Question 8

How can entry be as a trespasser?

Answer 8

1) R v Collins - entering a building owned by another without their consent is trespass
2) R v Jones and Smith - entering a part of a building in excess of your permission to be there makes you a trespasser

Question 9

What is the MR for BA?

Answer 9

1) knowledge/recklessness as to trespass

2) intention to steal/inflict GBH/criminal damage

Question 10

what says knowledge/recklessness as to trespass is needed?

Answer 10

R v Collins

Question 11

Explain how D must have s9(2) intention to steal/GBH/Crim Dam

Answer 11

• just needs intention - irrelevant whether they can or not
• E.g. X enters to GBH Y but they are not there.
• will need to prove the elements of each offence

Question 12

what is the test for whether D entered as a trespasser recklessly?

Answer 12

R v Cunningham

1) D is aware of the risk
2) D takes the risk anyway

Question 13

how can you show D had s9(1)(a) intention to s9(2) steal?

Answer 13

show D had intention to

1) appropriate
2) property
3) belonging to another
4) dishonestly
5) with intention to permanently deprive

Question 14

how can you show D had s9(1)(a) intention to s9(2) inflict GBH?

Answer 14

show D had intention to

1) cause
2) wound (bleeding) or serious harm DPP v Saunders
3) ‘maliciously’ - with intent/recklessness as to causing some harm (Savage)
4) as to causing some harm (Parmenter)

Question 15

How can you show D had s9(1)(a) intention to s9(2) commit criminal damage?

Answer 15

show D had intention to:

1) destroy/damage
2) property
3) belonging to another
4) intentionally
5) without a lawful excuse

Question 16

what is the structure for a BB?

Answer 16

s9(1)(a) first if possible, then….

(1) Enter
(2) As a trespasser
(3) Building or part
(4) Steal/attempt to steal or inflict GBH/attempt to
(5) Knowledge/recklessness as to trespass
(6) MR for GBH/Theft
a. discuss R v Jenkins for GBH

Question 17

What is the AR for BB?

Answer 17

•	Enter 
•	As a trespasser
•	Building or part
•	And either:
o	Steal or attempt to steal, or
o	Inflict or attempt to inflict GBH 
	Factual/legal causation + has V suffered GBH?

Question 18

What is the MR for BB?

Answer 18

• Knowledge/recklessness as to trespassing

* MR for GBH/Theft

Question 19

What qualifies the need for MR for BB GBH?

Answer 19

R v Jenkins
– no need to show MR for GBH just need to show the harm happened.
- but on appeal this case was overturned on different grounds so the court did not confirm this.
- Also no statutory basis for this

Question 20

What is the structure for an aggravated burglary (AB) offence?

Answer 20

(1) Commit s9(1)(a) or (b) burglary
(2) With a firearm/weapon of offence/explosive
(3) At the time
(4) MR for burglary

Question 21

what governs AB?

Answer 21

s10 TA 1968

Question 22

what weapon must be with D to constitute AB?

Answer 22

• Firearm or imitation s10(1)(a)
• Weapon of offence s10(1)(b)
• Explosive s10(1)(c)

Question 23

explain what a weapon of offence is

Answer 23

s10(1)(b)
- any item made, adapted or intended for use to injure or incapacitate
- made = no other purpose than to injure or incapacitate
- adapted = changed in order to injure or incapacitate
intended = very broad eg a pencil used to stab someone

Question 24

what demonstrates how a s10 TA 1968 offence requires D to have a weapon with them “at the time” they commit the offence

Answer 24

R v O’Leary

• X enters house with intention
• X steals a knife and some jewellery
• only a s9(1)(a) when he enters as no weapon
• but s9(1)(b) when he steals the jewellery because has a s10(1)(b) weapon of offence

Question 25

what is the MR for s10 aggravated burglary

Answer 25

• MR for burglary
• R v Stone no need for intention to use the weapon
• R v Kelly - for a weapon of intent need the intention to use it to injure or incapacitate