Property offence: Burglary

Question 1

Source

Answer 1

Statutory offence

Question 2

Definition
- there are two types

Answer 2

It is a statutory offence defined at S9 (1) (a) and S9 (1) (b) of the Theft Act 1968
The Act identifies that there are 2 different offences for burglary
People often initially commit the first but then go onto complete the second

S 9 (1) (a) D enters the building or part of a building, as a trespasser, with the intent to commit of 3 ulterior offences:
- Steal
- Inflict GBH on a person in the building
- To cause unlawful damage on to the building or anything in it

S 9 (1) (b) D, having entered any building or any part of the building, as a trespasser, commits one of two offences:
- Steals or attempts to steal
- Inflicts or attempts to inflict GBH on any person in the building

Question 3

Actus reus: entry
- 2 cases

Answer 3

This is not defined in the Act but has been developed through the common law by judges

• ‘entry had to be substantial and effective’ Collins)
• In later cases the court seems to have moved to a more public policy (pro conviction) approach

R v Brown - where D just leaned into a shop window to steal goods - the CA upheld the conviction for burglary saying that the conviction only had to be ‘effective’ (no longer substantial)

R v Ryan - D was convicted of burglary when he got stuck in a window whilst trying to break into a house - CA upheld the conviction even though he didn’t get in , this would count as ‘entry’ for burglary as it was still effective

Question 4

Actus reus: building (or part of a building)
- name and explain 3 cases

Answer 4

The act only gave a very vague definition at S9 (4) which say that it will also include any ‘inhabited vehicle or vessel’

The term ‘building’ has therefore required some additional interpretation by the courts -> which they decided it means a structure with some permanence e.g shed which could be easily taken down would not be a building

Houseboats and caravans can count as a building for burglary

B and S v Leathley - 25 foot freezer container resting on railway sleepers in a farmyard had its own lock and electricity supply

Norfolk Constabulary v Seeking and Gould - lorry trailer used for storage had steps and its own electricity supply (not a building - wheels)

‘part of a building’ could include areas where D is denied (not allowed access) e.g the till area of a shop Walkington, where the court confirmed that the area behind a 3 sided shop counter counted as ‘part of a building’ for the law on burglary

Question 5

Actus reus: as a trespasser
- name and explain 2 cases

Answer 5

A trespasser is someone who enters without permission
Can include going beyond/exceeding permission

Smith and Jones - D generally had permission to enter his father’s house but he exceeded this when he went in at night and stole TV sets

Australian case - Barker v R - man was given key to keep an eye on neighbour’s house. He was guilty of burglary when he used the key to enter and steal

Question 6

Mens rea (there are two parts)
- also explain the intent for each section of the definition

Answer 6

1) D must either know (intend) that he is trespassing when he enters the building or part of the building or he must be subjectively reckless about the fact that he is entering the whole or part of a building as a trespasser

2) D must have the required MR for the ulterior offence e.g for theft (dishonesty and intention to permanently deprive)

For S9 (1) (a) - D must form the intention to commit theft (or the MR for another ulterior offence) before actually entering, to commit criminal damage or to commit GBH

For S9 (1) (b) - D must form the intention to commit the theft/ or to attempt to commit theft (or the MR for the NFO of GBH) after having entered the building or part of it as a trespasser