Property Offences - Burglary Flashcards
How many types of burglary are there?
2
Defines Burglary with ulterior intent, s9 (1) (a)
D enters a building or part of it as a trespasser with intention of:
Stealing
Inflicting GBH
Do unlawful damage
Define burglary without ulterior intent, s9 (1) (b)
Having entered a building or part of a building as a trespasser D:
Steals or attempts to steal
Inflicts or attempts to inflict GBH
What are the three common elements to burglary?
Entry
Trespasser
Building/ Part of
What did the court say about entry?
The court said an entry had to be effective and substantial and that D could be convicted if the jury found evidence of entry.
What is the definition of trespass?
D must know or be subjectively reckless that he is trespassing.
How else are you considered a trespasser?
If you go beyond the permission you have been granted.
What des s.9 (4) state, with regards to building or part of?
Buildings include:
- a building which is a welling
- also an inhabited vehicle
Why is Ryan significant?
(Entry)
If evidence of entry, the question must be left to the jury to decide.
Why is Collins significant?
(Trespasser)
D must know or think he is a trespasser.
Why is Jones & Smith significant?
(Trespasser)
D may have consented to enter but will still be a trespasser if he exceeds the consent, i.e. enters a restricted part of the building.
What happened in Leatherly?
(Building/Part of)
The storage container was classed as a building as it had some degree of permanence.
What was the case of Gould?
(Building/Part of)
The storage container was on wheels, so was not a building.
What is the actus reus for burglary?
Entry
Building/Part of
Trespasser
What is the mens rea for burglary?
D must know they are a trespasser.
