Property: Burglary

Question 1

What is burglary?

Answer 1

Where a person trespasses into property and commits and ulterior offence

Question 2

What act does burglary come under?

Answer 2

S.9 Theft Act 1968

Question 3

What kind of offence is burglary?

Answer 3

Triable Either Way

Question 4

What is the maximum sentence for burglary?

Answer 4

10 yrs for non-dwelling
14 yrs for dwelling

Question 5

What does S.9(1) Theft Act 1968 define theft as?

Answer 5

D enters building/part of a building as a trespasser with the intent to the commit theft, GBH or unlawful damage
OR
Having entered building/part of a building as a trespasser, D steals/attempts to steal, inflicts GBH, attempts to inflict GBH

Question 6

What is the AR for burglary?

Answer 6

Entry
Building/part of a building
Trespass

Question 7

What is an entry defined as?

Answer 7

D must enter building/part of a building as a trespasser
Parliament didn’t define what entry meant, Ryan confirmed that it should be left to the jury to decide if there’s been an entry

Question 8

What happened in Ryan?

Answer 8

Entry need not be ‘effective’ or ‘substantial’
It is up to the jury to decide if there’s been an entry

Question 9

What us building defined as?

Answer 9

Theft Act didn’t define meaning of ‘building’ but did provide an extended meaning under S.9(4) as ‘inhabited vehicles or vessels’
Doesn’t need to be inhabited
Storage/work can amount to a building

Question 10

What is part of a building defined as?

Answer 10

Used to cover situations where the D has permission to be in one part of the building but ventures into another part where there is no permission

Question 11

What happened in Walkington?

Answer 11

Entered prohibited part of building with intentiont to steal so was guilty

Question 12

What is a trespasser defined as?

Answer 12

Not defined by the Theft Act, but the D must enter a building/part of a building as a trespasser
Entered without permission
Have permission but ventures into prohibited area
Exceeds permission to be in building and uses it for another purpose

Question 13

What happened in Smith & Jones?

Answer 13

D entered property knowing he exceeded permission he was given to enter

Question 14

What is the MR for burglary?

Answer 14

Intention to trespass
And
Intention for final offence

Question 15

What is intention to trespass?

Answer 15

D must intend or be reckless to trespass

Question 16

What is S.9(1)(a)?

Answer 16

MR is complete on entry if they have intention for the trespass and intention to complete final offence

Question 17

What is S.9(1)(b)?

Answer 17

Intention to trespass initially takes place, once inside the building, commit/attempt to commit GBH or theft

Question 18

What is conditional intent?

Answer 18

Where D places conditions on potential of a crime
For theft, it is not enough
For burglary, it is enough for the MR

Question 19

What happened in AG Ref No.1 and No.6?

Answer 19

D was guilty as had conditional intent