U1B: Burglary Flashcards
What Act defines Burglary?
- Theft Act 1968
What does Theft Act 1968 define Burglary as and in what section (A)?
- According to s.9(1), a person is guilty of burglary if:
(a) he or she enters any building or part of a building as a trespasser and with intent to commit any such offence as mentioned in s.9(2) (stealing, inflicting grievous bodily harm or causing criminal damage), or
What does Theft Act 1968 define Burglary as and in what section (B)?
(b) having entered any building or part of a building as a trespasser, he or she steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm
What are the 3 elements to the actus reus of BOTH both 9(1)(a) and (b)?
- Entry
- Building or part of a building
- Trespass
- 9(1)(b) = ALSO requires the actus reus of theft or GBH or to attempt either of these
What does the first element (entry) require + what case examples this?
-Need not be effective or substantial- R v Ryan
-So long as any part of D’s body is in the building, the entry is complete
What does the second element (building) requires?
-No formal definition
-TYPE of building that is burgled = affects the length of sentence that the defendant will receive:
-14 years – dwelling
-10 years – non-dwelling
-Must be a fairly permanent structure (not a tent EG)
What section outlines vehicles and vessels for element 2 (building) + what does it say?
-S9(4):
“building shall apply also to an inhabited vehicle or vessel” this is true even if the person who inhabits the building is not there at the time”
What case + judge define what element 2 (buidling) is?
-Stevens v Gourley
-Judge Byles defined a building as:
-‘a structure of considerable size and intended to be permanent or … endure for a considerable time’.
What case outlines presence of wheels for element 2 (building) + what was the ruling?
-Norfolk Constabulary v Seeking and Gould
-The defendants were NOT guilty of burglary as the containers had wheels and were therefore, uninhabited vehicles.
What case outlines vessels not fixed to the ground for element 2 (building) + what was the ruling?
-B and S v Leathley
-The container was considered to be a building and the defendant WAS guilty of burglary.
-It did not matter that the container was not fixed to the ground, nor did it need to have foundations to be considered a ‘building’.
What qualifies as, or doesn’t qualify as third element (tresspassers) ?
-Permission to enter a building or part of a building= no trespass.
-If he or she goes beyond the permission given to him or her= trespass
-MUST be done voluntarily
What is a case example of a trespasser + why was D ruled as one?
-R v Jones and Smith
-Went beyond permission
What does the CA define a trespasser as?
-‘… if he enters premises of another KNOWING he is …. excess of the permission… or being reckless whether he is in excess of that permission.
What is a trespasser SIMPLIFED?
Someone who:
-Goes somewhere they aren’t allowed to go
OR
-Does something that they aren’t allowed to do in that place
What does element 4 (For 9(1)(b) only, actus reus of theft of GBH) mean? (exam tip)
IF OFFENCE I IS:
-Theft refer to the offence you will have already discussed
-GBH, don’t go in detail,say what the act is and that this could be GBH
What are the two differences between between 9(1)(a) and 9(1)(b)?
DIFFERENCE 1: In 9(1)(a) = D only needs to INTEND the offence, 9(1)(b) = they need to have committed the offence or attempted to
DIFFERENCE 2: 9(1)(b) requires the full AR and MR of the ulterior offence (eg GBH, theft)
What are the two elements needed to be established for Mens Rea FOR SECTION A?
1- Intend or be reckless that he or she is a trespasser
2- In order to have the mens rea for s.9(1)(a), he or she must intend to commit one of the ulterior offences in s.9(2) – causing criminal damage, stealing or inflicting grievous bodily harm at the time they enter as a trespasser
What are the two elements needed to be established for Mens Rea FOR SECTION B?
1- Intend or be reckless that he or she is a trespasser.
2- Section 9(1)(b) requires that the defendant have the required mens rea for the offence when he or she commits it or attempts to commit it. He or she need not have the mens rea for the offence at the time of entry.
What is the ruling for conditional intent?
Means when the D is entering and intending to steal anything they can find that is worth stealing
For burglary the conditional intention is sufficient
Prosecution doesn’t need to prove exactly what items D had the intent to steal
Can be seen in Walkington his intention was conditional, if there was anything worth stealing. MR satisfied
