Burglary Flashcards
S9(1)(b)
Person is guilty of burglary if he enters any building or part of building as a trespasser and steals or attempts to steal anything in building/part of or inflicts or attempts to inflict GNH on any person therein
- don’t need intent when entering
- not criminal damage
S9(1)(a)
Person is guilty of burglary if he enters building/part of as a trespasser and with intent to commit any offence in subsection 2
S9(2)
Offences in (1)(a)
- theft anything in building/part
- inflicting GBH on person in building
- committing criminal damage to building/inside
Elements in both S9(1)(a) and (b)
Entry
Building/part of
Trespasser
Intention/reckless to trespass
Key difference between sections
S9(1)(a) - has intent to commit theft, GBH or criminal damage at time of entry
S9(1)(b) - D’s intent can be formed after entry for theft/GBH
Ryan
Entry is for jury to decide and likely includes extensions of D’s body
- entry need not be effective
S9(4)
Building applies to inhabited vehicle, vessel, and shall also apply to any such vehicle or vessel at times when the person having habitation is not there
B & S v Leathley
Structures must have a high degree of permanence
Same location for years
Norfolk Constabulary v Seekings & Gould
Use when low degree of permanence
Temporary, wheels
Walkington
Behind a counter is part of a building
Laing
Stockroom is part of a building
Smith and Jones
Person with authority to enter for certain purpose will become trespasser if entering for different purpose- trespassing is going beyond permission/invalid permission
Collins
Common MR
D must either know (intention) he does not have permission to enter for that purpose or must realise a chance he does not have permission but enters anyway
S9(1)(a) MR
Must intend (no recklessness) theft, GBH, criminal damage at time of entry - no need to acc commit
AG Ref 1/2 1979
Conditional intent is enough for S9(1)(a)
