EXAM NOTES: Burglary/Aggravated Burglary Flashcards
What does s9(1)(a) burglary cover? (BA)
trespass with intent to steal/commit GBH/unlawful damage
what does s9(1)(b) burglary cover (BB)
trespassing and committing GBH or theft
What is the structure for BA?
(1) Enters
(2) Building or part
(3) As a trespasser
(4) Knowledge/recklessness as to trespass
(5) Intention to steal/GBH/unlawful damage
What is the AR for s9(1)(a) burglary?
1) enters
2) building or part
3) as a trespasser
Explain entry
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
What constitutes a building for the purposes of burglary?
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
What is the rule about part of a building
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
How can entry be as a trespasser?
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
What is the MR for BA?
1) knowledge/recklessness as to trespass
2) intention to steal/inflict GBH/criminal damage
what says knowledge/recklessness as to trespass is needed?
R v Collins
Explain how D must have s9(2) intention to steal/GBH/Crim Dam
- 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
what is the test for whether D entered as a trespasser recklessly?
R v Cunningham
1) D is aware of the risk
2) D takes the risk anyway
how can you show D had s9(1)(a) intention to s9(2) steal?
show D had intention to
1) appropriate
2) property
3) belonging to another
4) dishonestly
5) with intention to permanently deprive
how can you show D had s9(1)(a) intention to s9(2) inflict GBH?
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)
How can you show D had s9(1)(a) intention to s9(2) commit criminal damage?
show D had intention to:
1) destroy/damage
2) property
3) belonging to another
4) intentionally
5) without a lawful excuse
what is the structure for a BB?
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
What is the AR for BB?
• 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?
What is the MR for BB?
- Knowledge/recklessness as to trespassing
* MR for GBH/Theft
What qualifies the need for MR for BB GBH?
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
What is the structure for an aggravated burglary (AB) offence?
(1) Commit s9(1)(a) or (b) burglary
(2) With a firearm/weapon of offence/explosive
(3) At the time
(4) MR for burglary
what governs AB?
s10 TA 1968
what weapon must be with D to constitute AB?
- Firearm or imitation s10(1)(a)
- Weapon of offence s10(1)(b)
- Explosive s10(1)(c)
explain what a weapon of offence is
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
what demonstrates how a s10 TA 1968 offence requires D to have a weapon with them “at the time” they commit the offence
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
what is the MR for s10 aggravated burglary
- 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
