Property offences - Burglary

Question 1

What are the two types of burglary?

Answer 1

Type 1: Section 9(1)(a)

The burglary is committed at the point of entry. It does not matter whether or not the defendant goes on to commit the ulterior offence

Type 2: Section 9(1)(b)

The burglary is committed at the point of attempt or commission of the theft or infliction of grievous bodily harm.

! SAME SENTENCE for both.
- 14 years for dwelling or building
- 10 years for any other case

Question 2

What is the AR and MR for Section 9(1)(a) burglary?

Answer 2

THE PROSECUTION must establish the following:

a) Actus Reus
* The defendant enters
* A building or part of a building (inhabited vehicle or vessel)
* As a trespasser (without consent or in excess of authority)

b) Mens Rea

• Knowing or being reckless as to entry as a trespasser
• At the time of entry D intended any of the ulterior offences listed in TA 1968, s 9(2):
• Steal anything in the building or part of the building
• Inflict grievous bodily harm on any person in the building or part of the building; or
• Damage unlawfully the building or anything therein

Question 3

What is the difference between Section 9(1) a & b?

Answer 3

Section 9(1)(b) does NOT have to specify that the defendant must INTEND to inflict GBH - therefor other offences can fall into (b):

• Section 18
• Section 20

Question 4

What is AR and MR of Section 9(1)(b) Burglary?

Answer 4

THE PROSECUTION must establish:

a) Actus reus:

• The defendant entered
• A building or part of a building
• As a trespasser

D did one of the following:
* 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.

b) Mens rea:
* Knowing or being reckless as to entry as a trespasser

NO mens rea is needed for the GBH aspect.

Question 5

How do we establish a section 10 ‘aggravated burglary’?

Answer 5

1. Need to establish a burgalry under either Section 9(1) a or b.
2. D must have at the time of the offence:
   * Firearms or imitation firearms;
   * A weapon of offence or
   * Explosives.
3. • Section 9(1)(a) offence-
     the defendant must have this article with them when entering the building;

or

• Section 9(1)(b) offence-
  the defendant must have this article with them when committing the theft (or attempt) or the grievous bodily harm (or attempt).

! SENTENCE: life