Burglary Flashcards
(30 cards)
what section does burglary come under
S9 theft act 1968
under S9(1)(a) the person is guilty of burglary if…
they enter a building as a tresspasser with intent to commit theft, criminal damage or GBH
under S9(1)(b) the person is guilty of burglary if…
they enter a building as a tresspasser atempts to/steals anything in the building and/or atempts to/inflicts any GBH
under S9(1)(a) what is the main focus
the entery not the performance
under S9(1)(b) what is the main focus
the performance not the entery
what are the 3 AR for both sections
entry
of a building/part of a building
as a tresspasser
how is entery usally looked at
as the usual deffinition of entry eg he walked into a building
in place of full entry what kinds on entery will suffice
partial entery/ use of a tool
give a cases for partial entery
R v Brown- Hand in a shop
R v Ryan- stuck in a window
how do most cases use building/part of a building
in the normal sense
give an example of a non typical structure and the section they come under
inhabited vehicles/vessles
9(4)
what is an example of a part of a building
another flat you dont own
staff only room ect
what case gives a deffinition of building/part of a building
Stevens v Gourley
what is the deffinition given in Stevens v Gourley
‘a structure of conciderable size and intended to be perminent or at least to endure for a conciderable time’
give a case of a structure not accepted as a building and why
Norfolk counstablary v seekings and gould
loory trailer- has wheels and is not inhabited
give a case of a person walking into a restricted area
R v Walkingtom
a building can be determined by physical rooms or barriers
what is the simple deffinition of a tresspasser
anyone on private land without the permission of the owner
what maust d do to be a tresspasser
knowingly enter the building or part of the building without the knowledge or permission of the owner or someone else who can give permission
give a case where someone is not a tresspasser
R v Collins
v beconed D in
what is exceeding permission
when you go over your expressed or implyed permission
give a case example of exeeding premission/unlawful entery
R v Jones and Smith
what is unlawfull entery
when a person entered a building for an unlawfull reason will be a tresspasser
what is the mens rea for burgalary applying to both sections
D must know / be subjectively reckless as to weather they are a tresspasser
what is the second MR for s9(1)(a)
D must have the intention to commit the unterior offence at the time of entering the building
