burglary - property offences

Question 1

S9(1) theft act 1968

Answer 1

A more complicated offence than simply ‘theft in a building’

This offence is best considered under two areas – S9(1) (a) and S9(1) (b)

Question 2

S9(1) (a)

Answer 2

”A person is guilty of burglary if: he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2)”

Question 3

the offence

Answer 3

Targets D, who trespasses with intent to commit theft, cause GBH or commit criminal damage

At the point of entry, D is liable - as long as they have the relevant intent

Whether they go on to commit is irrelevant to liability in this subsection

Question 4

inchoate offences

Answer 4

An inchoate offence is one intended to target D who have made progress to a harmful act, intending that harm to come about

The rational for the existence of this offence is to allow early intervention by police to impose liability before the harms associated with theft, GBH or Criminal Damage begin

Question 5

AR of S9(1) (a) Burglary

Answer 5

Seemingly simple: entry to a building or part of a building, as a trespasser

Question 6

entry

Answer 6

Collins [1973] established that entry must be effective and substantial

Entry typically considered to be when any part of the D crosses the threshold

Whether the person is physically able to complete the burglary is irrelevant, it is their placing within the area which matters

Question 7

ryan 1966

Answer 7

D attempted to break into V’s house, but became stuck within the kitchen window with an arm and his head inside the building

Upheld: Although most of his body was outside of the building and he was unlikely to be able to commit the offence – it was still held this was a valid entry

Question 8

building - or part thereof

Answer 8

The courts allow the word building to be given its standard meaning and houses, sheds, outbuildings clearly are

It also includes part-built or damaged structures and S9(4) extends it to inhabited vehicles or vessels such as caravans and houseboats

However, if the vehicle or vessel is uninhabited or not sufficiently permanent – such as a tent, then the court may find there us no building…and therefore no burglary

Question 9

part of a building

Answer 9

This references when the D may have access to some of the building, but not all of it – such as behind the till within a shop or different rooms within a house, hostel or hotel

Question 10

trespasser

Answer 10

Where D enters a building without permission from the owner or possessor, or their family or some other legal authorization

Question 11

trespassing

Answer 11

There are two issues to highlight in this area, where the V mistakenly permits D to enter (eg, thinks they are the plumber)

Where D enters in excess of their permission, they are also trespassing

Question 12

Jones and Smith 1976

Answer 12

D and another entered his father’s house, at night with the intent to steal. D had general permission to enter but not so that he could steal

Held: D entered in excess of general permission given by his father, and therefore as a trespasser

Question 13

MR of S9(1)(a)

Answer 13

1) D must be at least reckless to the facts which make her a trespasser
2) D must intend to commit one of the offences (GBH, Theft or Criminal Damage)

Question 14

intent or recklessness as to trespass

Answer 14

Mostly, D will be aware when they enter a building as a trespasser (although not always as the following case demonstrates…)

Question 15

collins 1973

Answer 15

D was naked, apart from socks and climbed a ladder to the V’s bedroom

The V, mistook him for her boyfriend and invited him in where they engaged in sexual intercourse

She then turned on the light and realized her mistake (!!!)

D was charged with burglary – at the time burglary included entry with intent to rape

The issue here was one of trespassing, and not on sexual assault and on appeal, upon considering some of the issues:

The woman invited the man in, with literal open arms and appeared as if she was inviting him inside

Question 16

held

Answer 16

Conviction quashed: a trespasser must know that they are trespassing or act recklessly in that way

An accused should be judges on the facts as he believed them to be

Due to the layout of the room it was possible that the girl was inviting him inside when she put her arms round him

Question 17

intent to steal, cause GBH or criminal damage

Answer 17

D must intend to commit one of these offences at the time of entry but whether they then go on to commit it, is irrelevant

This also includes conditional stealing, where D will steal if there is anything worth stealing

However, nothing short of intent for every element will suffice – you cannot be reckless to cause GBH, CD or Theft

Question 18

S9(1)(b)

Answer 18

Where D enters a building, or a part of a building as a trespasser and then commits theft, attempted theft, causes GBH or attempts to cause GBH

Where D enters with the intent to commit one of these offences, and actually does – burglary is committed under sections 9 (1) (a) and 9 (1) (b)

Where D enters with intent to commit one of the listed offences, but does not commit or attempt to commit – S9 (1) (a) Inchoate Offence

Where D enters without the intent to commit one of the listed offences, but then does commit after having entered – S9 (1) (b)

Question 19

listed offences

Answer 19

The offences of Attempted Theft, Theft, Attempted GBH or GBH all retain their original elements and definitions as discussed previously

Question 20

criminal damage

Answer 20

9 (1) (a) included Criminal Damage as a listed offence, while 9 (1) (b) does not

So, if D trespasses with no intent to commit Criminal Damage but then does when in the building – this is not burglary, but Criminal Damage

Question 21

AR S9 (1) (b)

Answer 21

AR remains the same regarding trespassing – they must enter the building or part of as a trespasser (aka, without the permission from owner or possessor or family of)

The AR for listed offences remains the same as their originals and both AR’s need to be satisfied

Question 22

MR of S9 (1) (b)

Answer 22

D must be at the very least reckless as to the facts that make her entry a trespass

For the listed offence, the MR must relate to that specifics – so for Theft, the D must intend to deprive V of their property and do so dishonestly

Question 23

Aggravated Burglary

Answer 23

The same elements as remained in S9 (1) (a) and (b) but with the added possession of a weapon;

Firearm, imitation firearm, weapon of any offence or any explosive

S10(1) Theft Act 1968

Question 24

weapon

Answer 24

S10 is ambiguous on the meaning of weapon and has therefore been interpreted broadly – a screwdriver, if carried to weaponize will be considered a weapon

Anything to incapacitate a V will also count such as sleeping pills, rope etc

Question 25

at the time of

Answer 25

For S9 (1) (a) the offence happens at the point of entry and therefore, D must have the weapon at this point

For S9 (1) (b) the offence happens at the point of the listed offence happens and therefore, D must have the weapon at this point

Question 26

possession

Answer 26

Possession means that D must be in control of the weapon, and also aware of it – irrelevant whether they actually intended to use the weapon

In Stones [1989] the D’s conviction was upheld, even though he claimed the knife in his possession was for defensive purposes only