Burglary Flashcards
(15 cards)
What section of the Theft Act is Burglary defined in?
S9
What are two areas that Burglary is split into?
S9(1)a + S9(1)b
What is the Actus reus of s9(1)a burglary?
1) Entry
2) Building s9(4)
3) Trespasser
Describe 1) Entry
What were the three case definitions of entry?
D must enter property, not defined in TA
1) Collins 1972 - Entry had to be substantial and effective.
2) Brown 1985 - Entry had to be effective.
3) Ryan 1996 - Entry no longer has to be substantial nor effective
What happened in the case where:
D standing outside but leaning in through shop window rummaging through goods. Conviction upheld and rules/precedent changed.
D trapped whilst trying to break into house. Fire brigade had to free him. Burglary still upheld and rules changed.
Brown 1985
Ryan 1996
Describe 2) Building s9(4)
A place that is actively occupied and has some degree of permanence eg shops, stables, greenhouses, houses, caravans
Does not include mobile libraries, telephone boxes, etc.
B & S v Leathley 1979
What is the case that declared a freezer container, in the same place for 3 yrs and with electricity, was a building?
B & S v Leathley 1979
What is part of a building?
Need not be a separate room covers situations where D has permission to be in one area but not another eg Walkington 1979
What is the case where D went behind Debenhams counter, opened the till and left upon seeing it empty and his conviction was upheld for trespassing
Walkington 1979
Describe 3) Trespasser
Being on anothers property without permission or remaining when asked to leave. Permission may be express or implied. There is implied permission to enter a shop but not to steal.
Collins 1972 - not a trespasser.
What is the case where D was on windowsill, and a lady invited him in thinking he was her boyfriend, and his conviction was not upheld as he thought he had genuine permission?
Collins 1972
What is going beyond permission?
When D is given permission to enter for one reason but enters for another, eg Smith & Jones 1976
BUT does not become burglar if after entering they become trespasser unless they enter another part of building
What is the case where D had permission to enter fathers home and took his 2 TV sets. Father told police, unaware it was him, and Police prosecuted D - Father told them to not, but they did so anyways as it was against the state, not father.
Smith & Jones 1976
What is the mens rea of s9(1)a burglary (specific intent)?
1) Intention or recklessness as to trespass (P must prove D knew or was subjectively reckless/suspected they were trespassing
2) Intention to commit an ulterior offence - D must intend to commit one of three: Theft, GBH, Crim Dmg.
Conditional intent sufficient, eg D intending to steal as he enters but leaving with nothing.
eg A-G reference 1979
What is the AR + mens rea of s9(1)b burglary?
AR: Entry to building, or part of a building, as a trespasser
MR: Intention or Recklessness as to trespass & full offence of theft, attempted theft, GBH or attempted GBH.
