UNIT4 BURGLARY Flashcards
Where is burglary found?
s9(1) of the Theft Act 1968.
What is the definition of burglary a)?
enters any building or part of a building as a trespasser and with intent to commit any offence mentioned in subsection (2). (no criminal damage)
What is the definition of burglary b)?
having entered into any building as a trespasser he steals or attempts to steal anything in the building/part thereof or inflicts or attempts to inflict grievous bodily harm on any person therein. (criminal damage; theft and gbh)
What does s9(2) say?
the offences referred to subsection (1)(a) are theft of anything in the building or part of he building in question, or inflicting grievous bodily harm on any person in the building, or committing criminal damage or anything therein.
What is the first element of the actus reus of burglary?
entry.
What was the legal principle in Ryan?
Entry is a question of fact for the jury to decide on a case by case basis. It does not need to be effective. There is no need for D to be capable of committing an ulterior offence.
What is the second element of the actus reus of burglary?
Building or part of a building. s9(4) sys inhabited vehicle and vessels count.
When is a building not a building?
B and S Leathley = container did not count as a building because it had a high degree of permanence had been in the same location for years and rested on sleepers.
Norfolk Constabulary v Seekings and Gould = container was not a building because it had a low degree of permanence and had wheels
What happened in Walkington?
behind the counter counted as part of a building.
What happened in Laing?
stockroom counts as part of a building.
What is the third element of the actus reus of burglary?
as a trespasser.
What is trespass defined as?
not having permission/authority to be somewhere.
What does Smith and Jones/ Barker and R say?
Going beyond the permission granted/going there for a purpose other than what is allowed = trespassing.
