Offences against a property- Burglary Flashcards
Two Sections for Burglary
Section 9 (1) a
Section 9 (1) b
Burglary definition A
He enters any building or part of a building as a trespasser with intent to commit ulterior motive.
Burglary definition B
Having entered any building or part of a building as a trespasser he steals or attempts to steal Or inflicts or attempts to inflict on any person grievous bodily harm.
Ulterior motives
Stealing
GBH
Criminal damage
Differences in sections
Section A is in present tense and Section B is past
Section B uses ‘attempts’ whereas Section A does not
Enters Definition
The person entering does so knowingly and deliberately without knowing if the other person has given permission.
Collins
His invite in was sufficient for conviction to be quashed.
Ryan
Only some of his body was found inside the building however sufficient evidence that he had entered.
As a trespasser definition
Being on someone’s property without permission or authority with intention and recklessness
Pettigrew
When you invite someone in to use the staircase do not invite him to slide down the banister
Smith
Entering in excess of permission or being reckless when entering in permission
Building or part of a building which act states the definition
s(9) 4
Building or part of a building definition
Inhabited vehicles or vessels even if not inhabited at the time.
Leathely
Freezer was held to be a building
Coleman
Must have a degree of permeance
