(RED) Burglary Flashcards
Where is burglary defined?
S9(1) of the Theft Act 1968
What is s9(1)(a) burglary?
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.
What is s9(1)(b) burglary?
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.
What are the common elements of burglary?
AR:
-Entry
-A building or part of a building
-As a trespasser
MR:
-MR for trespass
Which element is specific to s9(1)(a)?
Intending theft, GBH or criminal damage when they enter.
Which element is specific to s9(1)(b)?
After entering, it’s actually trying to commit theft or GBH.
Is it possible to commit both a burglary under s9(1)(a) and s9(1)(b)?
Yes
What does entry mean?
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.
What can count as a building?
S9(4)- building also applies to an inhabited vehicle or vessel.
What feature is considered to determine if something is a building?
B and S v Leathley- a high degree of permanence.
In which case was the structure not a building due to a lack of permanence?
Norfolk Constabulary v Seekings and Gould
What constitutes part of a building?
R v Laing- different rooms in a building count as different parts of the building.
What did the case of R v Walkington say?
Different parts of a room can be different parts of the building (behind the counter was a staff only area).
What is the general meaning of trespasser?
Not having permission/ authority to be somewhere.
When must the defendant be a trespasser?
When they enter the building or part of the building.
What did R v Smith and Jones say?
The defendant can exceed their permission by going somewhere they have permission for a purpose other than what is allowed.
What if the defendant gains entry though fraud?
The defendant has no genuine permission to be there and so is regarded as a trespasser.
What does mens rea for trespass mean?
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.
What does intention to commit the ulterior offence mean (s9(1)(a))?
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.
Is conditional intent sufficient for s9(1)(a) burglary?
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.
What does R v Jenkins say about GBH for s9(1)(b) burglary?
GBH or attempt GBH can be committed whilst escaping.
Which section of the OAPA does D need mens rea for under s9(1)(b) burglary?
s20- Intention or recklessness to cause some harm.
