Law burglary
- Created by: mariehemmo
- Created on: 29-04-16 12:34
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- Burglary - Theft Act 1968 S9
- S 9 (1) (a): D enters (part of) a building as a trespasser with intent to steal, or inflict GBH, or do unlawful damage
- P must prove D intended to commit 1/3 ulterior offences: no requirement to prove AR of offence/ attempt
- Entry
- No statutory definition
- Question of fact for jury to decide
- Sufficient that there is evidence of entry - need not be effective (R v Ryan)
- No statutory definition
- Building (part of)
- Question of fact for jury to decide
- Reasonable permanence Including outbuildings Not necessarily inhabited
- Building must be permanent or intended to endure for some time (Stevens v Gourley)
- Freezer container used for storage = building (B&S v Leathley)
- Lorry trailer with wheels = not a building (Norfolk Constabulary v Seekings)
- Part of: where D permitted to be in 1 part of building but not elsewhere ( R v Walkington - customer in shop, not authorized in counter)
- S 9 (1) (b): Having entered (part of) a building as a trespasser, he steals (or attempts) or inflicts GBH
- P must prove all elements of theft/ (attempted theft) or infliction of GBH/ (attempted)
- Trespasser
- D is a trespasser when D knows he is or D is subjectively reckless as to whether he is trespassing (R v Collins)
- D may be a trespasser where he goes beyond permission to be in building (R v Smith and Jones)
- AR of completed offence
- Where D charged under s 9 (1) (b), P must prove AR o ftheft or inflicting GBH to V
- Mens Rea
- s 9 (1) (a +b) : D knew/subj reckless as to trespassing
- AND s 9 (1) (a): intent to commit ulterior offence: steal/inflict GBH/do unlawful damage
- OR s 9 (1) (b): MR of ulterior offence: theft (attempted) - dishonest + IPD or infliction of GBH (attempted) and intent.
- AND s 9 (1) (a): intent to commit ulterior offence: steal/inflict GBH/do unlawful damage
- s 9 (1) (a +b) : D knew/subj reckless as to trespassing
- S 9 (1) (a): D enters (part of) a building as a trespasser with intent to steal, or inflict GBH, or do unlawful damage
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