Law-Burglary Flashcards
What is burglary an offence under?
Section 9 Theft Act 1968
What are the two different ways that burglary can be committed under section 9?
Under section 9 (1) (a) and under section 9 (1) (b)
What does section 9 (1) (a) say?
A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm or do unlawful damage to the building or anything in it
What does section 9 (1) (b) say?
A person is guilty of burglary if, having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict grievous bodily harm on any person in the building
What are the common elements of ss9(1)(a) and 9(1)(b)?
Entry, of a building or part of a building, as a trespasser
What is the difference between the subsections?
The intention at time of entry. For s9(1)(a) the defendant must intend to do one of the three ulterior offences at the time of entering. However there is no need for the ulterior offence to take place or even be attempted. For s9(1)(b) what the defendant intends on entry is irrelevant, but the prosecution must prove that he actually committed or attempted to commit theft or GBH
What is the entry element to burglary?
It is not defined in the Theft Act 1968, but there have been several cases on the meaning of the word. In Collins the Court of Appeal said the jury had to be satisfied that the defendant had made an ‘effective and substantial entry’. However, in Brown the concept was modified to ‘effective entry’ as the defendant was outside but leading through a shopwindow rummaging through goods.
What happened in the case of Ryan?
The concept of ‘effective’ entry was not followed. The defendant was trapped when trying to get through a window into a house at 2:30am. His head and right arm where in the house but the rest of his body was outside. The fire brigade had to be called to release him. This was not an effective entry however the Court of Appeal upheld his burglary conviction
What is the building element of burglary?
The Theft Act 1968 gives an extended meaning to the word ‘building’ so that it includes inhabited places such as houseboats or caravans, which would otherwise not be included in the offence. However, it does not give any basic definition for ‘building’. Usually there is no problem. Cleary houses, blocks of flats, offices, factories and so on are buildings. The word also includes outbuildings and sheds
When do problems arise with the building element of burglary?
Problems arise where a structure such as a portacabin has been used for storage or office work. The two cases are B and S v Leatherly where a freezer container had been used for storage and had doors with locks and connected to electricity-it was held to be a building. The other case is Norfolk Constabulary v Seekings and Gould where a lorry trailer with wheels had been used for storage and too was connected to electricity supply but was not held to be a building as it had wheels
What is meant by part of a building?
This is used to cover situations in which the defendant may have permission to be in one part of the building but not another part eg Walkington where the defendant went into the counter area of a shop and opened the till. Going into any other part of a building is entering that new part of the window regardless of whether there is a doorway or any other physical barrier eg till areas in department stores
What is the ‘as a trespasser’ element of burglary?
In order for a defendant to commit burglary, he must enter as a trespasser. If a person has permission to enter they are not a trespasser. Also considered trespassing when permission to enter is gained through fraud
What is a case for trespassing?
Collins, who climbed through an open window into a bedroom as a trespasser. This illustrates the fact that to succeed on a charge of burglary, the prosecution must prove that the defendant knew he was trespassing or that the defendant was subjectively reckless as to whether he was trespassing
What happens where the defendant is given permission to enter but then goes beyond that permission?
He may be considered a trespasser, eg in Smith and Jones, where Smith and his friend went into his father’s house in the middle of the night and took two television sets without the father’s knowledge or permission. The father said his son couldn’t be a trespasser as he had general permission to enter, but the Court of Appeal ruled that he had gone beyond his permission and so was guilty of burglary. Another example is paying for entry to a museum with intent to steal a painting
What are the two parts of the mental element of burglary?
Entering as a trespasser and the ulterior offence. For both sections the defendant must know, or be subjectively reckless as to whether they were trespassing. In addition for s9(1)(a) the defendant must have intention to commit one of the three ulterior offences at time of entry
