Paper 1: burgulary Flashcards
What does it come under
s.9 of the Theft Act 1968
Maximum sentence
14 years (dwelling), 10 years (non dwelling)
Type of offence
Indictable offence
s.9(1)(a) of the Theft Act 1968
He enters any building or part of a building as a trespasser and with intent to commit any such offence
s.9(1)(b) of the 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
s.9(1)(c) of the Theft Act 1968
The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building n question, or inflicting on any person therein any grievous bodily harm…therein, and of doing unlawful damage to the building or anything therein
Ryan (1996)
There was evidence upon which it could be proven that the defendant ‘entered’, despite the fact that it was clearly not effective as the defendant could not steal anything. Partial entry is sufficient
B and S v Leathley (1979)
This was held to be a building, even though it is a fridge freezer
Norfolk Constabulary v Seekings and Gould (1986)
This was held not to be a building the fact that it has no wheels meant that it remained a vehicle
Walkington (1979)
Guilty of burglary because he had entered part of the building as a trespasser with the intention of stealing
Collins (1973)
Convicted s.9(1)(a) used to be satisfied by intent to rape, this was appealed on the basis the trespasser was invited in. CA quashed this conviction stating no evidence that he had entered as a trespasser: he was invited in
Smith and Jones (1976)
Two D’s were convicted despite a general permission to enter because they had knowingly exceeded their permission to be in the house, permission was not given to enter and steal
s.9(1)(a) Theft Act 1968
- Enters with intention to commit either theft, GBH or criminal damage
- D must have formed this intention before he entered as a trespasser
- D does not actually have to of committed any of these offences
- This can be a conditional intent
s.9(1)(b) Theft Act 1968
- Commit or attempt to commit theft of GBH when inside
- Intent to commit theft or GBH (can form the intent inside the property)
Intention to cause criminal damage
s. 9(1)(a) is burglary if enter with an intention to do criminal damage
s. 9(1)(b) not burglary if enter and actually cause criminal damage
