Chapter 10 - Burglary and Aggravated Burglary Flashcards
(41 cards)
What is burglary?
Burglary is an offense that combines elements of offenses against property and against the person. It is more than just theft and must involve entering a building belonging to someone other than the defendant.
What is the maximum sentence for burglary?
Burglary is an either-way offense. If convicted in the Crown Court, the maximum sentence is 10 years for burglary of commercial premises and 14 years for burglary of domestic premises.
Why is the sentence for burglary of a dwelling higher than the sentence for burglary of a commercial premise?
The higher sentence for burglary of a dwelling recognizes that being a victim of dwelling burglary is often a frightening and upsetting experience and reflects public concern about this common offense.
What are the two types of burglary under Section 9 of the Theft Act 1968?
Section 9(1)(a) focuses on the defendant’s intent when entering a building and can be called “burglary with intent.” Section 9(1)(b) rests on the defendant’s actions once inside the building and is simply called “burglary.”
What elements are similar in both types of burglary?
Both s 9(1)(a) and s 9(1)(b) burglary offenses require the defendant to enter a building or part of a building as a trespasser. They must also know or be reckless in knowing that they are a trespasser.
What are the key differences between s 9(1)(a) and s 9(1)(b) burglary?
Section 9(1)(a) burglary requires that the defendant intends to commit theft, inflict grievous bodily harm, or cause criminal damage. Section 9(1)(b) burglary requires the defendant to commit or attempt theft or grievous bodily harm.
What does “entry” mean in the context of burglary?
“Entry” is a common word but its meaning in the legal context has been considered in a number of court cases. The courts have found that the defendant does not need to enter the building entirely and need only make an “effective” entry.
What happened in the case of R v Collins?
In R v Collins, the defendant climbed up a ladder and was invited in by the victim who thought the defendant was her boyfriend. It was determined that if the defendant was outside the building when invited in, then he was innocent of burglary. But if he had entered the building with any part of his anatomy before being invited in, he was guilty. The Court of Appeal held that the jury must be satisfied that the defendant made an “effective and substantial” entry into the building.
What happened in the case of R v Brown?
In R v Brown, the defendant leaned into a shop window to steal items and was convicted of burglary. The Court of Appeal upheld his conviction, confirming that there must be an “effective” entry for the purpose of burglary and it was up to the jury to decide whether there had been such an entry.
What happened in the case of R v Ryan?
In R v Ryan, the defendant was found stuck with his head and arm inside a window and was convicted of burglary. The Court of Appeal upheld his conviction, finding that entry of some part of the defendant’s body into the property could amount to an “effective” entry and that being unable to commit a crime was irrelevant.
If a defendant uses an innocent party to enter a building for them, are they guilty of burglary?
There is no authority on this point. The jury must determine whether the defendant made an entry and using an innocent party to enter, such as a child, may be seen as an instrument inserted into the property to facilitate entry.
If a defendant uses an instrument to gain entry to a building, is that considered burglary?
There is no authority on this point, but the courts held that under old law, the insertion of an instrument into a building was an entry if it was used to commit an offense (such as theft). It was not considered entry if the instrument was only used to gain entry to the property.
What constitutes a “building” in burglary offenses?
Case law suggests that a building must have some permanence, including houses, factories, shops, or sheds. Section 9(4) of the Theft Act 1968 states that the term also includes inhabited vehicles and vessels, whether or not the inhabitant is there at the time.
Give some examples of “buildings” in burglary offenses.
Houses, factories, sheds, garages, greenhouses, shops, houseboats, mobile homes, and caravans are all examples of buildings. Tents and marquees are not considered buildings as they lack permanence.
Does a camper van qualify as a “building?”
Whether a camper van falls within the definition of a “building” depends on whether the van is inhabited. If it is a permanent home to someone or is being used as a holiday home at the time of the burglary, it will qualify as a building.
What does “part of a building” mean in the context of burglary?
It means that a defendant can be guilty of burglary even if they entered a building lawfully but then moved to another part of the building where they did not have permission to go.
Give an example of “part of a building” in burglary offenses.
A defendant who is lawfully in an apartment as a guest but then goes into another apartment through an open door would be considered to have entered “part of a building” without permission.
What happened in the case of R v Walkington?
In R v Walkington, the defendant went behind a three-sided counter in a shop to get to the till. The court held that the till area was a separate part of the building, which the defendant entered as a trespasser.
What constitutes a “trespasser?”
In burglary, trespass requires proof that the defendant entered without consent or permission and that they knew or were reckless in knowing this. The defendant’s state of mind on entry is important.
Give an example of a trespasser.
A defendant who is invited into a friend’s house for coffee but is told to leave after an argument, yet still goes upstairs to use the toilet, is considered a trespasser because they exceeded the implied license.
Is a defendant who entered a building using fraud considered a trespasser?
Although there is no direct authority on this point under the Theft Act 1968, under old law the courts held that permission to enter obtained by fraud is not a true permission.
Give some examples of a defendant who entered a building using fraud.
A defendant who persuades a neighbor to let them into their former husband’s house with a spare key after being served a court order banning them from the home. Another example is a defendant who tells an elderly lady that they are a police officer in order to gain entry into her home.
If a person is asked to leave a property, are they allowed to leave?
They have an implied right to leave by the most direct route.
What happened in the case of R v Jones and Smith?
In this case, the defendant was given permission to enter his father’s house but he intended to steal. The Court of Appeal concluded that a defendant could be a trespasser if they entered for an unlawful purpose when given permission to enter for a lawful purpose.
