Burglary Flashcards
(16 cards)
What are the two types of burglary?
S9(1)(a) - Committed at the point of entry - did D intend to commit an offence at the point of entry?
S9(1)(b) - Committed at the point of attempt / commission of offence
What are the elements of a s9(1)(a) burglary?
Enter as a trespasser
Have the intention to commit one of these ulterior offences:
Steal
Inflict grievous bodily harm
Unlawfully damage property
What are the elements of a S9(1)(b) burglary?
D has entered as a trespasser and
Once inside
- Steal or attempt to steal
- Inflict or attempt to inflict, grievous bodily harm
What are the elements of the AR and MR of a S9(1)(A) burglary?
AR
D enters
A building or part of a building
As a trespasser
MR
Knowing or being reckless as to entry as a trespasser
At the time of entry D intended any of the ulterior offences (stealing, inflicting grievous bodily harm, unlawful damage)
When is a S91a burglary commited?
On entry - no need for the defendant to actually commit the ulterior offence
How is “as a trespasser” understood for S91a burglary?
Two ways:
Without consent
In excess of authority
NB: Where at the time of entering a person is not a trespasser, but later becomes one e.g. by exceeding express / implied limitation to be on the premises - can be no conviction for burglary under S91a - must be s91b
What is the MR for a S91a burglary and how is it understood?
Must be proved that upon entry the defendant intended to commit one of the ulterior offences listed in the TA
Intended to:
- Steal from the building, inflict GBH on any person, unlawfully damage the building
Can someone be convicted of S91a burglary if they just look around a house to see if anything is worth stealing?
Yes - conditional intent counts as intention
What are the 5 elements of a s91b burglary?
- D entered
- A building or part of a building
- as a trespasser
- Knowing or being reckless to entry as a trespasser
- D did one of the following:
i) Stole something from the building or part of the building
ii) Attempted to steal something from the building or part of the building
iii) Inflicted GBH on any person / Attempt
When is a S91b burglary committed?
At the point of the commission of the offence
How is grievous bodily harm understood in S91b?
If charge based on this a number of crimes may suffice - describes a level of harm not the offence itself and so can be S18 or S20
No MR required for this offence
What is the offence of aggravated burglary?
Committing burglary and having with you any firearm, imitation firearm, weapon of offence [must be made or adapted to cause injury to / incapacitate a person], or any explosive
What is a weapon of offence?
Any article made or adapted for causing injury to or incapacitating a person
Which, at the time of committing the burglary, the defendant possesses with the intention of causing injury to or incapacitating a person
When must D have the weapon with them for aggravated burglary?
At the time they commit the relevant burglary - this will depend based on whether it is a S91a or s91b
What ulterior offence within burglary is present in a S91a burglary, but not in a S91b?
Criminal damage
When could a static vehicle be burgled?
If someone’s permanent home, or was being used as a holiday home at the time of the offence.
Not if left for months
