Burglary

Question 1

Burglary A

Answer 1

s.9(1)(a) Theft Act 1968
Liable for burglary where he enters a building or part of a building as a trespasser WITH THE INTENTION of doing one of the following:
a) Stealing
b) Inflicitng on any person therein any GBH
c) doing any unlawful damage to the building or anything therein

Question 2

Burglary B

Answer 2

s.9(1)(b) Theft Act 1968
Enters the property and once inside:
a) Steals
b) Attempts to steal
c) Inflicts GBH
d) Attempts to inflcit GBH

Question 3

Entry

Answer 3

Must enter the property
CASES:
Collins- D leaned in window and was beckoned in. Entry has to be effective and substantial. No conviction.
Brown- D had effective entry as was able to handle goods through the window. Whole body doesn’t have to be in the building
Ryan-D’s head and arms inside when window fell and trapped him, entry must be sufficient but this is for the jury to determine.

Question 4

Building/Part of a building

Answer 4

s9(4) Theft Act 1968
Includes inhabited places
CASES:
Stevens v Gourley- A building is a structure of considerable size designed to endure for some time
Walkington- counter of a shop was part of a building
Rodmell- garden shed is a building
B&S v Leathley- large freezer container used as storage unit (had doors, locks and electricity supply)
Norfolk Constabulary v Seekings and Gould- Lorry trailer used as storage (similarly to previous case) wasn’t a building as it still had wheels.

Question 5

As a tresspasser

Answer 5

Doesn’t have permission, has permission for one part of the building but goes in another, has permission to be in building for one purpose but uses it for another
CASE:
Jones and Smith- son took 2 TV sets from father’s house. knowlingly exceeded permission. became a trespasser when entering with the intention to steal.

Question 6

Aggravated burglary

Answer 6

s.10 a person is guilty of aggravated burglary if he commits a burglary and at the time has with him a firearm or imitation firearm, any weapon of offence or any explosive

Question 7

Mens Rea

Answer 7

D must know or be reckless to being a trespasser (know: Jones and Smith, reckless: Collins)
AND
had intention at point of entry to commit theft gbh or criminal damage (conditional intent is enough as in Easom- D took woman’s bag and put it back because he found nothing worth stealing)
OR
MR for theft (dishonest, ITPD) or GBH (intent to cause some harm) attempting to commit these offences in a building