Burglary s9(1) Theft Act 1968

HideShow resource information
What is the AR of Burglary? s9(1) of TA 1968.
Unauthorised entry to a BUILDING (trespassing) with an intent to STEAL, INFLICT GBH, CAUSE DAMAGE. Or ENTERING and then COMMITTING/attempting to STEAL or INFLICT GBH
1 of 8
Outline s9(1) a - Ulterior/Specific intent
The INTENT must be PRESENT AT THE TIME OF ENTRY. The Offences of stealing/inflicting GBH/causing damage need not be committed. E.g. if D trespasses into your house, intending to steal your phone, but leaves instead = liable for burglary
2 of 8
Outline s9(1)b - Specific Intent crime
DIFFERENCE = NO ULTERIOR INTENT. So ENTERING AS A TRESPASSER then ATTEMPTING to / ACTUALLY STEALING or INFLICTING GBH. Possible defences = lack of dishonesty / self defence.
3 of 8
Cases (1)
R v Brown / R v Ryan - Entry must be effective
4 of 8
Cases (2) Trespassing
R v Collins - entry after invitation IS NOT TRESPASSING. Note - NO TRESPASS BY MISTAKE. If you believe you're allowed somewhere, there's no MR of trespass.
5 of 8
How do you trespass? (Cases) 2 examples
EXCEEDING THE BOUNDS OF YOUR INVITATION, e.g. from one part of the building to another. So behind a shop counter. Or DELIBERATELY EXCEEDING PERMISSION GRANTED by ADOPTING an UNAUTHORISED PURPOSE (R v Jones and Smith)
6 of 8
What is meant by a building / part of a building?
Building = a home, office, garage, shop, barn or other outbuilding, boat or inhabited vehicle such as caravan/motorhome. Part of a building = same examples, but also EXCEEDING the BOUNDS of your INVITATION.
7 of 8
What is the MR of burglary?
Intentionally entering as a trespasser / recklessness as to whether or not you're permitted to enter. TOGETHER WITH an INTENTION to COMMIT ULTERIOR OFFENCES s9(1)a. OR The AR plus the MR of THEFT/INFLICTING GBH s9(1)b. The MR of theft etc is later.
8 of 8

Other cards in this set

Card 2

Front

Outline s9(1) a - Ulterior/Specific intent

Back

The INTENT must be PRESENT AT THE TIME OF ENTRY. The Offences of stealing/inflicting GBH/causing damage need not be committed. E.g. if D trespasses into your house, intending to steal your phone, but leaves instead = liable for burglary

Card 3

Front

Outline s9(1)b - Specific Intent crime

Back

Preview of the front of card 3

Card 4

Front

Cases (1)

Back

Preview of the front of card 4

Card 5

Front

Cases (2) Trespassing

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal Law resources »