Burglary Flashcards
(8 cards)
S9
Breaking into a private residence and stealing property from it
Entry
Not defined by statutes
R v Collins - entry must have been ‘effective and substantial’
R v Ryan
Burglar was caught half way inside a window so the entry guidelines were met
A building
Traditional structure or an inhabited vehicle
R v Walkington
Man committed Burglary by entering the restricted area to access he tills
Tresspasser
Someone who doesn’t have permission to be in a building or part of a building
- law was unclear on definition of entry but R v Collins cleared that up, Clarifies definition of a building as well
MR - S9(1)(A)
Defendant must have intent at the time of entry
MR - S9(1)(B)
Once inside there must have been actual or attempted offending