burglary 9(1)(a) Flashcards
(12 cards)
D may be liable for burglary defined under
Section 9(1)(a) of the Theft Act 1968 as the entry of a building or part of a building as a trespasser, with intent to steal, inflict grievous bodily harm or cause unlawful damage.
The ACTUS REUS is
the entry of a building or part of a building as a trespasser.
There must be an
effective entry, (Brown, Ryan).
Building requires permanence (B and S v Leathley), and can be
just part of the building as in
Walkington. S.9(4) states that it includes inhabited vehicles or vessels eg. caravans and houseboats.
Seekings and Gould held that
a storage unit with wheels was not a building.
Stevens v Gourley described a building as
“A structure of considerable size and intended to endure a considerable time.”
A trespasser is
someone who enters a building (or part of a building) without permission, (Collins). It includes entering with permission but then going beyond that permission, (Smith and Jones).
The actus reus is
complete on entry.
The MENS REA is
intention or subjective recklessness as to entering as a trespasser, PLUS intention
at the point of entry to steal or inflict GBH or cause unlawful damage.
IF RELEVANT: Conditional intent is enough. This is where
the defendant does not know exactly what they will steal/who they will cause GBH on to/do unlawful damage to, but if they see something/someone, they will do it (AGs Ref Nos 1 and 2 of 1979).
Here
AND
Here
[eg. D had direct intention (Mohan- deciding to bring about a consequence OR subjective recklessness (Cunningham- foresaw a risk and carried on regardless) to enter V’s house as a trespasser as he deliberately climbed through the window OR was not sure if he was allowed in but did it anyway].
[eg. D had direct intention (Mohan- deciding to bring about a consequence) at the point of entry to commit theft as he had planned to take a valuable painting that he knew V owned].
TO CONCLUDE,
D will be guilty of burglary under S.9(1)(a).
