Burglary Flashcards
(15 cards)
What act is burglary set out in
S.9 of theft act 1968
Sentencing for burglary
14 years for dwelling
10 years for non dwelling
What is the s9(1)(a) actus reus
Entering any building or part of building as trespass with intent to commit any offence
What is s9(1)(b) actus reus
Having entered any building or part of building as trespasser, he or she steals or attempt to steal anything or inflict
What are the 3 elements for burglary
Entry
Building or part of a building
Trespasser
R v Ryan
Entry means any evidence or entry so long as any part of d’s body is in the building
Steven’s v gourley
A structure of considerable size and intended to be permanent or endure considerable amount of time
b and sv leathley
Outdoor freezer with electricity is a building
Norfolk constanbury v seeking and gold
Lorry trailer with electricity isn’t a building
rodmell
Garden shed is part of home
r v walking
Counter area is trespassing
r v smith and jones
Exceeded permission and stole therefore trespassing
What does 9(1)(a) show for MR
Time of entry
What does 9(1)(b) show about MR
Intention to steal anything in building
What is conditional intent
Entering and stealing anything
