(RED) Burglary

Question 1

Where is burglary defined?

Answer 1

S9(1) of the Theft Act 1968

Question 2

What is s9(1)(a) burglary?

Answer 2

A person is guilty of burglary if he enters any building or part of a building as a trespasser and with intent to commit any offence mentioned in subsection (2) i.e. theft, GBH or criminal damage.

Question 3

What is s9(1)(b) burglary?

Answer 3

A person is guilty of burglary if having entered into any building or part of a building as a trespasser, he steals or attempts to steal anything in the building/ part thereof or inflicts or attempts to inflict GBH.

Question 4

What are the common elements of burglary?

Answer 4

AR:
-Entry
-A building or part of a building
-As a trespasser

MR:
-MR for trespass

Question 5

Which element is specific to s9(1)(a)?

Answer 5

Intending theft, GBH or criminal damage when they enter.

Question 6

Which element is specific to s9(1)(b)?

Answer 6

After entering, it’s actually trying to commit theft or GBH.

Question 7

Is it possible to commit both a burglary under s9(1)(a) and s9(1)(b)?

Answer 7

Yes

Question 8

What does entry mean?

Answer 8

R v Ryan- entry is a question of fact for the jury to decide on a case by case basis. There also doesn’t have to be an effective entry and D doesn’t have to fully enter the building. Entry could also include an extension of D’s body like using a tool to reach through a window or letterbox.

Question 9

What can count as a building?

Answer 9

S9(4)- building also applies to an inhabited vehicle or vessel.

Question 10

What feature is considered to determine if something is a building?

Answer 10

B and S v Leathley- a high degree of permanence.

Question 11

In which case was the structure not a building due to a lack of permanence?

Answer 11

Norfolk Constabulary v Seekings and Gould

Question 12

What constitutes part of a building?

Answer 12

R v Laing- different rooms in a building count as different parts of the building.

Question 13

What did the case of R v Walkington say?

Answer 13

Different parts of a room can be different parts of the building (behind the counter was a staff only area).

Question 14

What is the general meaning of trespasser?

Answer 14

Not having permission/ authority to be somewhere.

Question 15

When must the defendant be a trespasser?

Answer 15

When they enter the building or part of the building.

Question 16

What did R v Smith and Jones say?

Answer 16

The defendant can exceed their permission by going somewhere they have permission for a purpose other than what is allowed.

Question 17

What if the defendant gains entry though fraud?

Answer 17

The defendant has no genuine permission to be there and so is regarded as a trespasser.

Question 18

What does mens rea for trespass mean?

Answer 18

D must either know that he doesn’t have permission to enter or he must realise that there is a chance he doesn’t have permission and enters anyway. In R v Collins, D didn’t think he was a trespasser when entering as V had invited him in.

Question 19

What does intention to commit the ulterior offence mean (s9(1)(a))?

Answer 19

D must intend to commit one of the three ulterior offences at the time of entry. However there is no need for the ulterior offence to be actually committed.

Question 20

Is conditional intent sufficient for s9(1)(a) burglary?

Answer 20

Attorney General’s Reference (Nos 1 and 2 of 1979)- conditional intent is sufficient. This is because most burglars don’t know exactly what they will steal in advance.

Question 21

What does R v Jenkins say about GBH for s9(1)(b) burglary?

Answer 21

GBH or attempt GBH can be committed whilst escaping.

Question 22

Which section of the OAPA does D need mens rea for under s9(1)(b) burglary?

Answer 22

s20- Intention or recklessness to cause some harm.