Burgalry Flashcards
What is the definition of S9(1)(a)
Enter a building or part of a building as a trespasser with the intention to commit theft, GBH or unlawful damage
What is the definition of S9(1)(b)
Enter any building or part of a building as a trespasser and commit or attempt to commit theft or GBH
What are the 2 types of burglary, what are the definitions and what is their max sentence
Non dwelling- not a place of residence, 10 years
Dwelling- a place of residence, 14 years
What are the 3 actus reus elements of burglary
Entry, building and trespasser (if S9(1)(b) will also have the AR of theft , GBH or criminal damage)
What is the mens rea element of burglary
Knowledge or recklessness as to his entering as a trespasses (if S9(1)(b) will also have the mens rea of theft, GBH or criminal damage)
When has entry been committed in burglary
When ‘effective’ entry has taken place
What does the case of Brown state in regards to entry for burglary
It is a question of fact and depends on whether enough of the D is in the building to achieve the ulterior intent
Who decides whether the entry is effective in burglary
The jury
Whta case states the jury decide whether the D has entered the property in burglary
Ryan
What occurs when the D is in control of an object in order to enter a building in burglary
It will amount to burglary as the device is likely t be considered an extension of the Ds body
What is stated in regards to building in robbery
There must be some degree of permanence to be a building
What case do you use for building in burglary
B and S v Leathley
What does burglary also state about buildings that are portable but designed to live in
As long as they are being lived in when the theft occurs it will amount to burglary
What section of the theft act states inhabited vehicle and vessels are also included as buildings
S9(4)
What happens if the D has permission to enter a building but exceeds it
He does not have permission to be in that part of the building so would no longer be consent to be there
