Burglary

Question 1

Intro

Answer 1

S.9 theft act 1968
Triable either way offence
14 years max

Question 2

Enter

R v Brown

Answer 2

‘Substantial’ didn’t materially assist the definition of burglary
Conviction upheld
Entry = effective

Question 3

Enter

R v Ryan

Answer 3

CA upheld conviction
No one evidence the jury could find D entered
Entry = question for jury

Question 4

Building/part of

Stevens v Gourley

Answer 4

Building = permanent structure designed to endure for a reasonable amount of time.

Question 5

Building/part of

R v Walkington

Answer 5

Was not allowed in that part of the building so was a trespasser. G of S.9(1)(a)

Question 6

Trespasser

R v Collins

Answer 6

Recklessness can satisfy trespassing.

Question 7

Trespasser

R v Smith and Jones

Answer 7

G of 9(1)(b)
If they enter I excess of the given permission-G
If they enter recklessly in excess of permission-G

Question 8

S.9(1)(a)

Answer 8

If D goes into a building with one of the 3 ulterior offences in his mind he is a 9(1)(a) burglar

1. Theft
2. Criminal damage
3. GBH

Question 9

S.9(1)(b)

Answer 9

No requirement for mens rea to be in D’s mind on entry
Must prove D committed/attempted 1 of the 2 ulterior offences
1. Theft
2. GBH