Housebreaking And Kndred Offences Flashcards
What are the proofs of Section 112?
(1) Breaking by the accused
(2) Entry by the accused
(3) A dwelling-house (or any other building)
(4) Commit the serious indictable offence as charged OR
Alternatively, 112(1)(b), whilst the accused was in such a building:
(A) He or she committed a serious indictable offence, and
(B) Then broke out.
What are the two types of break?
Actual or
Constructive which ca be by:
- Threats
- Fraud
- Conspiracy
What is actual breaking?
Was a seal of some kind broken?
-Opening a closed by unfastened door?
YES (R v Brown)
-Raising a closed but unfastened window?
YES (R v Hyams)
-Opening a cellar flap held down only by its own weight?
YES (R v Russell)
What about if the window or door was partly open?
No, it does not count as breaking the seal.
Does it have to be an external seal?
No (R v Johnson)
What about permission?
Ghamrawi et al v R
What is the proof for Entry by the Accused?
- Any part of the offender’s body.
- However small (R v Davis)
-If using an instrument only, must be for the purpose of accomplishing the serious indictable offence. (R v Rust and Ford)
In Section 112 Occupation of the dwelling house?
- Can only break and enter the swelling house of ANOTHER, not your own
- Occupation, to ownership. A landlord CAN be liable for breaking and entering premises occupied by his tenant.
What is a serious indictable offence?
Punishable by life or five years or more
Examples: Larceny Destroy/damage property Sexual touching AOABH
What are circumstances of Aggravation?
For the purposes of paragraph (f) of the definition of ‘circumstances of aggravation’, if there was a person, or there were persons, in the place in relation to which an offence is alleged to have been committed at the time it was committed, the defendant is presumed to have known that fact unless the defendant satisfies the court that he or she had reasonable grounds for believing in that there was no one in the place.
What about circumstances of special aggravation?
Means circumstances involving either or both of the following:
(A) the alleged offender wounds or intentionally or recklessly inflicts grievous bodily harm on any person,
(B) the alleged offender is armed with a dangerous weapon.
What is a dangerous weapon?
Dangerous weapon means—
(a) a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
(c) a spear gun.
What about alternative verdicts?
- As mentioned in Section 115(A) allows for alternative verdicts in specified housebreaking offences to be found in a descending level of aggravation.
- An aggravated offence may be reduced to its basic form.
- A specifically aggravated offence may be reduced to its aggravated form or its basic form, but a basic offence cannot be ‘bumped up’ to its aggravated or specifically aggravated form.
What does it mean to be armed?
Miller v Hrvojevic
To be armed with a weapon means something more than to be in possession of it; the weapon must also be available for immediate use as a weapon. A man is armed with a pistol if he is wearing it in a holster, though perhaps not if it is in the boot of his car. It is not necessary for it to be in his hand for him to be armed with it. In the present case the knuckle duster was in the defendant;s left-side trouser pocket, where it could easily and rapidly be slipped onto his hand.
What is Section 113?
Break, Enter with intent to commit a SIO
- Same proofs as S112 - except rather than commit a SIO, they must have intended to commit a SIO (not necessary that SIO was accomplished)
- Have to prove ‘intent’
- ‘Intent’ has to e contemporaneous with the breaking and entering - not arise after in house
