Paper 1.11c - Burglary Flashcards
What two categories is burglary split into under the Theft Act 1968?
s9(1)(a) and s9(1)(b).
What is the definition of burglary under s9(1)(a) of the Theft Act 1968?
D enters a building (or part of one) as a trespasser with intent to steal, inflict GBH or do unlawful damage.
What is the difference between burglary s9(1)(a) and burglary s9(1)(b)?
s9(1)(a): D enters with intent to commit theft, GBH or criminal damage; they don’t necessary have to commit it.
s9(1)(b): D enters as a trespasser, then forms intent to commit theft or GBH; D must commit the crime. DOES NOT APPLY TO CRIMINAL DAMAGE.
In burglary, how is an entry defined? What case defines this?
D has entered a building or part of one (eg behind a counter). It does not have to be substantial or effective.
Ryan.
What defines a building in burglary?
What case defines this?
What special buildings are included in the Theft Act?
A structure of considerable size and of some permanence.
Leathley.
(s9(4) of the Theft Act says this includes houseboats and inhabited vessels.)
What case separated different areas of buildings as trespassory or not?
Walkington - D entered the tills, a part of a building he was not allowed access to.
What three cases are relevant to the definition of building in burglary?
Steven and Gourley - ‘a structure of considerable size and of some permanence.’
Leathley - 25ft storage container w/ electricity -> building.
Norfolk Constabulary - lorry trailer w/ electricity -> not a building as it had wheels.
In burglary, how is a trespasser defined? What cases define this?
D is not allowed on the property or goes beyond occupier’s allowed permission. (Barker) (Jones & Smith)
What is the mens rea of burglary? What case decides this?
D must know he’s a trespasser or is reckless to the fact he is. (Collins)
D must intend the ulterior offences (eg GBH, theft).
How does mens rea differ between s9(1)(a) and s9(1)(b) of burglary?
a) they do not have to attempt GBH/theft/criminal damage.
b) they must attempt GBH/theft.
