burglary

Question 1

section 9.1.a

Answer 1

d enters any building or part of building as a trespasser with intent to steal, inflict GBH or commit unlawful damage

Question 2

section 9.1.b

Answer 2

having entered any building or part of building as a trespasser d steals or attempts to steal, inflict GBH or attempts to inflicts GBH - easier to prove

Question 3

dwelling

Answer 3

house

Question 4

non dwelling

Answer 4

non house

Question 5

dwelling - Sticklen

Answer 5

burgled a house under renovation - TJ = dwelling COA non dwelling as it was undergoing repair

Question 6

Flack

Answer 6

COA confirmed that question of fact for future

Question 7

Entry

Answer 7

‘any unauthorised insertion’ will amount to a successful entry

Question 8

Collins

Answer 8

COA - defendant ‘must of made an effective (commit end crime at point of entry) and substantial (most of Ds body)entry’ - lacks definition so led to acquittals

Question 9

Brown

Answer 9

D found 50% inside the shop and 50% out - LP guilty under 9.1.a effective only confirmed full body isn’t needed

Question 10

Ryan

Answer 10

trapped burglar with head and arm in window at 2am- LP - guilty under S.9.1.a not S and E current interpretation is any insertion

Question 11

Building

Answer 11

Section.9(4) must be fairly permanent, inhabited vehicles so long as it is actively occupied but doesn’t have to be occupied

Question 12

Stevens v Gourley

Answer 12

wooden structure that was been used as a shop. LP - considerable size and time test, so building

Question 13

B and S v Leathley

Answer 13

25ft freezer used to store meat which D stole. LP - guilty, section 4 its a building - considerable size and time

Question 14

Seekings and Gould

Answer 14

lorry trailer used for storage - its on wheels and wasn’t inhabited. LP - not guilty is not a building but a vehicle

Question 15

Part of building

Answer 15

d has permission to be in one part of a building but ventures into another part

Question 16

Laing

Answer 16

d was found in a stock room after store closed to the public. LP - COA NG, prosecution tried him for entry to the store, no evidence

Question 17

Walkingtons

Answer 17

d went behind the counter (staff only), opened the till to find no money so left. LP - guilty under S.9.1.a COA confirmed it was irrelevant there was no money, T2 part of doesn’t have to be a separate part of building

Question 18

Trespass

Answer 18

T1 - without permission
T2 - ventures prohibited area
T3 - exceeds permission
D must intend or be reckless at the point of entry, if D enters and then decided to steal NG of burglary

Question 19

Collins

Answer 19

ladder to drunk girls window with the intention to have sex, she invited him in and they had sex. TJ - guilty under S.9.1.a upon the offence of rape, COA quashed conviction as he didn’t enter knowing he was a trespasser - didnt discuss where he was on the window sill

Question 20

Jones and Smith

Answer 20

D stole TVs from dads house, he has general permission. LP - guilty of burglary under S.9.1.b T3 exceeded permission, extended trespass to far as it should of been theft

Question 21

conditional intent

Answer 21

breaking into property with the intent to steal anything with value