GDL - Burglary Flashcards
(14 cards)
max. sentences for burglary
14 years - burglary of a dwelling
10 years - in any other case.
s 9(1)(a) actus reus
defendant enters a building or part of a building as a trespasser
s 9(1)(a) mens rea
Knowing or being reckless as to entry as a trespasser
Is theft required for a s.9(1)(a)?
No
definition of building
‘building’ includes an inhabited vehicle or vessel, whether the person living there is present at the time or not
For burglary, it must be proved that a person entered a building as a
trespasser. If they later become a trespasser by exceeding permission, this will not constitute a burglary.
Does it need to be proved that D knew they were trespassing?
No, the defendant merely has to know or be reckless as to the facts which make them a trespasser
What must the defendant do after entering as a trespasser to have committed a s.9(1)(b) burglary?
Stole something from the building or part of the building
Attempted to steal something from the building or part of the building
Inflicted GBH on any person
Attempted to inflict GBH on any person
Which additional offence is not included in a s 9(1)(b) burglary?
criminal damage
Max. sentence for aggravated burglary
life imprisonment
‘A person is guilty of aggravated burglary if he commits any burglary and at the time has with him…
any firearm or imitation firearm, any weapon of offence, or any explosive’
A weapon of offence can be
any article:
Made or adapted for causing injury to or incapacitating a person; or
Which, at the time of committing the burglary, the defendant possesses with the intention of causing injury to or incapacitating a person
For aggravated burglary, when must the defendant have the offending article with them?
S 9(1)(a) offence → the defendant must have this article with them when entering the building
S 9(1)(b) offence → the defendant must have this article with them when committing the theft (or attempt) or GBH (or attempt)
When establishing a s 9(1)(b) burglary, which element requires no mens rea?
GBH
