Burglary
- 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'.
- R v Collins 1973
- 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
- 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.
- Building or part of a building
- 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.
- 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.
- Definition
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