Burglary, blackmail and handling stolen goods Flashcards
(13 cards)
Entry to mean an effective entry
R v Brown
Although only his torso was in the shop it was burglary as it was effective
Partial entry amounts to entry
R v Ryan
Although he was stuck and didnt take anything it was burglary as part of his body was in the building
Where a large storage container amounts to a building
B and S v Leathely
The 25 foot container was on wood planks and so was held to be a building
Where a large storage container doesn’t amount to a building
Norfolk Constabulary v Seekings and Gould
Although the lorry trailer was used as storage and was connected to electricity, it had wheels and so it wasnt a building
Part of a building ( defendant doesnt have full access)
R v Walkington
Defendant walked into a clearly marked off area and so his conviction for burglary was upheld as he had the intention to steal
Domestic burglary is more serious, so theres a broad interpretation of what is considered a dwelling
R v Rodmell
Garden shed is considered part of a persons home for the purpose of burglary by the court of appeal
Where a defendant is given permission to enter but then goes beyond this permission
R v Jones and Smith
It was held that smith entered in excess of the permission he had and so was considered a burglar under section 9(1)(b)
If the defendant has permission he is not a trespasser
R v Collins
The relevant time in aggravated burglary is when the offence is committed
R v OLeary
He was charged with s9(1)(b) and as he had the weapon of offence when burglary had been completed, his conviction for aggravated burglary was upheld
Where something normally not considered a weapon of offence can become one
R v Kelly
Screwdriver was used to assault the occupant even though that wasn’t its use
Demand under blackmail
R v Collister and Warhurst
The policeman “making an appeal to his benevolence “was a demand and so there was blackmail
Where the demand is made by post
Treacy v DPP
Defendant posted a letter with menaces to someone in Germany so the defendant could be guilty of blackmail in England as that’s where the letter was posted
Where the blackmailer poses as the victim rather than the aggressor
R v Lambert
Defendant was convicted of blackmail as he pretended to be someones grandson in financial distress
