Burglary

Question 1

Two definitions

Answer 1

S.9 (1)(A)= an offence committed by entering a building or part of a building as a trespasser with the intent to commit theft, GBH or criminal damage
S.9 (1)(B)= an offence committed by the defendant entering a building or part of a building as a trespasser and then stealing or attempting to steal, or inflict, or attempts to inflict, GBH

Question 2

Must be an effective and substantial entry

Answer 2

R v Collins

Question 3

Entry need not be substantial as long as its effective

Answer 3

R v Brown

Question 4

Gained some level of entry

Answer 4

R v Ryan

Question 5

Buildings

Answer 5

S.9 (3)- inhabited places such as houseboats or caravans

Question 6

Outbuildings and sheds

Answer 6

R v Rodmell

Question 7

Doors with locks and connected to electricity supply

Answer 7

B and S v Leathley

Question 8

Addition of wheels - more a vehicle

Answer 8

Norfolk Constabulary v Seekings and Gould

Question 9

Defendant must know they were trespassing or defendant was reckless

Answer 9

R v Collins

Question 10

Gone beyond scope of owners permission to be in the building

Answer 10

R v Smith and Jones

Question 11

Must prove at time of entering he was a trespasser

Answer 11

R v Laing

Question 12

mens rea

Answer 12

For S.9 (1)(a)- defendant must have intention to commit 1 of 3 offences

Question 13

Sentencing

Answer 13

Powers of the Criminal Courts (sentencing) Act 2000= repeat offender, min of 3 years imprisonment

Question 14

Consider victims impact rather than cash value of items stolen or damaged

Answer 14

R v Saw