Burglary

Question 1

Ryan

Answer 1

It appears that any intrusion more than de minimis (here head and arm) will suffice for entry in burglary.

Question 2

Jones v Smith

Answer 2

D is a trespasser if he enters intending to exceed the terms of his license or exceeds the terms of his entry

Question 3

Robson v Hallett

Answer 3

Authority to enter may be given by any member of the household for lawful purposes but may be revoked or overridden by the occupier

Question 4

When may D’s permission to enter be vitiated for burglary?

Answer 4

 Collins – D’s permission may be vitiated by a fundamental mistake of identity
 Boyle – D’s permission may be vitiated if obtained by deception or fraud

Question 5

Stevens v Gourlay

Answer 5

A building is a structure of considerable size and intended to be permanent or at least to endure for a considerable time

Question 6

B and S

Answer 6

The building need not be fixed to the soil (here freezer container with lockable doors, its own electricity supply and intended to remain in situ would suffice)

Question 7

Walkington

Answer 7

D may commit burglary by entering as trespasser a “part of the building” where D has permission to enter a building but NOT access the whole interior

Question 8

Collins (mens rea of burglary)

Answer 8

D must know/be subjectively reckless about the facts which make his entry a trespass