burglary Flashcards
(19 cards)
where is theft defined
section 9(1) of the Theft Act 1969
actus reus of burglary
to enter a building or part of a building as a trespasser
mens rea of burglary
MR of trespass
S9(1)(a)
he enters a building/part of a building as a trespasser with intent to commit one of a number of ulterior offences set out in s9(2).
S9(1)(b)
having entered a building/part thereof as a trespasser, D steals or attempts to steal anything or inflicts or attempts to inflict GBH on any person therein.
R V Ryan
“entry” is a question of fact for the jury to decide on a case by case basis
R V Ryan- what doesn’t need to happen
an “effective” entry
B and S V Leathley
high level of permanence, in same location for years- was a building
Norfolk Constabulary V Seekings and Gould
low degree of permanence - not classified as a building
S9(4)
“building” also applies to dwellings as well as inhabited vehicle or vessel and will apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is
R V Laing
was part of a building
R V Walkington
was part of a building - didn’t have permission to go behind the counter
“as a trespasser”
not having permission or authority to be somewhere
R V Smith and Jones
exceeded permission- were trespassers
gaining entry through fraud
has no genuine permission to be there and is so regarded as a trespasser
intention or recklessness as to to trespass
D must either know that he doesn’t have permission to enter or he must realise that there is a chance that he doesn’t have permission but enter anyway
R V Collins
not a trespasser- was invited in
ulterior offences laid out in 9(2)
- theft
- GBH
- criminal damage
Attorney Generals Reference (Nos 1 and 2 of 1979)
for burglary conditional intent can be enough
