Burglary
- Created by: Emma-Cargillxx
- Created on: 19-05-17 21:22
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- Burglary
- Burglary is found under S.39 of the Theft Act 1968
- There are two different ways in which a burglary can be committed either under S9(1)(A) or S9(1)(B
- S9(1)(A) = a person enters a building or part of a building as a trespasser with the intent to steal, inflict GBH or do criminal damage
- Emphasis on the mens rea
- With S9(1)(A) the defendant must intend one of the three offences at the time of entering, however the offences dont have to occur once inside
- S9(1)(B) = a person having entered a building or part of a building as a trespasser you steal or inflict GBH
- Emphasis on the acts reus
- With S9(1)(B) what the defendant intends when entering is irrelevant, you just have to prove they committed or attempted theft or GBH
- Actus Reus consists of 3 elements: (Entry, Building, Trespasser)
- Entry
- Entry is not defined in the theft act, there are just cases to clarify the meaning
- Collins = entry must be effective and substantial
- Brown = entry was modified to just effective
- Ryan = entry was established even though entry was no effective, only head and right arm
- Building
- Building has an extended meaning, including caravans, sheds
- No basic definition of a building
- B & S Leathley = 25 foot freezer, on sleepers and connected to electricity was held to be a building
- Norfolk V Seeking Goulf = lorry trailer with wheels was held not to be a building but a vehicle
- Part of a Building
- Walkington: went into counter area of a shop opened the till, counter are was not an area permitted for customers
- Trespasser
- Collins stated a trespasser is where the defendant knew he was trespassing or being reckless
- Defendant may even have permission to be there, but will become a trespasser if they go beyond their permission (Smith & Jones)
- Mens Rea:
- There are two parts to the mens rea
- Defendant must know or be reckless that they are entering as a trespasser
- S(9)(1)(A)= there must be intent to steal or inflict GBH or do criminal damage
- S9(1)(B) there must be mens rea for theft or GBH at the time of committing that offence
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