Burglary

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  • Created by: Tom Ower
  • Created on: 04-05-13 15:17
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  • Burglary
    • Definition
      • Burglary is described in S9 of the Theft Act 1968
      • S9 (1) (a) - Intention is formed before entering a building to commit theft, criminal damage or GBH. I.E Burglar Bill
      • S9 (1) (b) - Intention is formed after entering a building as a trespasser to commit or attempt to commit theft or GBH. I.E Opportunistic Ollie
    • Actus Reus
      • Building or part of a building
        • A building must have some permanence. The more mobile the structure the less likely it is to be classed as a building
        • Norfolk Constabulary v Seekings and Gould 1986
          • Court held that a lorry trailer with wheels was not a building even though it was not in working order.
        • B and S v Leathley 1979
          • A free standing freezer container was held to be a building.
        • Part of a building = Trespasser if he did not have permission to go there.
          • R v Walkington 1979
      • Entry
        • R v Collins 1973
          • As there is no definition of entry in S9, this case decided that entry has to be both 'substantial and effective.'
        • R v Brown 1985
          • Held that entry only had to be effective - I.E Leaning through a window to steal goods.
        • R v Ryan 1996
          • Ruled that being stuck partway through a window, unable to reach anything to steal was 'effective entry'.
      • As a trespasser
        • A person who enters a building without permission will be deemed a trespasser. Anyone entering with permission will not be deemed a trespasser unless he or she goes beyond the permission originally given.
          • R v Jones and Smith 1976
    • Mens rea
      • D must enter as a trespasser, either knowing that he or she is trespassing or being subjectively reckless as to whether he or she is trespassing.
        • R v Cunningham 1957
      • D must have the appropriate mens rea for the ulterior offence which he or she is being charged, I.E theft, GBH or unlawful damage.

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