Burglary Flashcards Preview

Criminal Law > Burglary > Flashcards

Flashcards in Burglary Deck (8)
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1
Q

Ryan

A

It appears that any intrusion more than de minimis (here head and arm) will suffice for entry in burglary.

2
Q

Jones v Smith

A

D is a trespasser if he enters intending to exceed the terms of his license or exceeds the terms of his entry

3
Q

Robson v Hallett

A

Authority to enter may be given by any member of the household for lawful purposes but may be revoked or overridden by the occupier

4
Q

When may D’s permission to enter be vitiated for burglary?

A

 Collins – D’s permission may be vitiated by a fundamental mistake of identity
 Boyle – D’s permission may be vitiated if obtained by deception or fraud

5
Q

Stevens v Gourlay

A

A building is a structure of considerable size and intended to be permanent or at least to endure for a considerable time

6
Q

B and S

A

The building need not be fixed to the soil (here freezer container with lockable doors, its own electricity supply and intended to remain in situ would suffice)

7
Q

Walkington

A

D may commit burglary by entering as trespasser a “part of the building” where D has permission to enter a building but NOT access the whole interior

8
Q

Collins (mens rea of burglary)

A

D must know/be subjectively reckless about the facts which make his entry a trespass