Burglary

• which sections of which legislation govern what burglary is?

  Sections 9 (1) (A) and (1) (B) of the theft act 1968
• what does section 9 (1) (A) of the theft act 1968 relate to?

  It to the D going into a building as a trespasser with the intention to commit a specified offence
• what is the actus reus of section 9 (1) (A) of the theft act 1968?

  the D enters a building, or part of a building as a tresspasser~
• what is the men's rea of section 9 (1) (A) of the theft act 1968?

  The D has knowledge is reckless that he is entering as a tresspasdser and the D has intention to commit theft, grievous bodily harm or damage to the buiilding
• what does section 9 (1) (B) of the theft act 1968 relate to?

  It relates to the committing of a specified offence after entering a building as a trespasser
• What is the actus reus of section 9 (1) (B) of the theft act 1968?

  The D enters a building or part of it as a tresspasser, and has the actus reus of theft, grievous bodily harm, or attempted theft or attempted grievous bodily harm while they are there.
• What is the mens rea of section 9 (1) (B) of the theft act 1968?

  The defendant has knowledge or is reckless that he has entered as a trespasser. he also has the men's rea of theft, grievous bodily harm or attempted theft or attempted grievous bodily harm while present.
• whether or not the defendant is deemed to have entered a building is a matter of fact in each case
• What is the significance of the case of r v Collins?

  It is an example of a defendant not being found guilty of burglary as they were given permission into entering the building.
• which case is an example of a defendant not being found guilty of burglary as they were given permission into entering the building?

  r v Collins
• what is the significance of the case of r v Brown?

  It shows how a defendant can be convicted of burglary even though they were partially inside a shop window
• Which case shows how a defendant can be convicted of burglary even though they were partially inside a shop window?

  r v Brown
• what is the significance of the case of r v ryan?

  It shows how a defendant can be convicted of burglary even though only their head and right arm were inside the property
• Which case shows how a defendant can be convicted of burglary even though only their head and right arm were inside the property?

  r v Ryan
• what does section 9 ( 3 ) of the theft act 1968 say?

  It states that a building is a fixed structure or a substantial portable structure used for living. A tent therefore, is excluded from this definition.
• Which section of which legislation states that a building is a fixed structure or a substantial portable structure used for living. A tent therefore, is excluded from this definition?

  Section 9 ( 3 ) of the theft act 1968
• what is the significance of the case of r v jones and smith?

  It shows how A person can be classified as a trespasser if they enter the premises for a purpose not specified by the owner
• which case shows how A person can be classified as a trespasser if they enter the premises for a purpose not specified by the owner?

  r v Jones and smith
• Knowledge or recklessness as to their entering as a trespasser:

  • This element requires that the D is awarethat he/she is entering another person’spremises without their permission. Theentry as a trespasser must be voluntary.The D may be aware of the risk, givethought to it, but take it regardless.
• what is element one of burglary?

  The defendant enters a building
• what is elment two of burglary?

  A building, or part of a building, was entered by the defendant
• what is element three of burglary

  The defendant entered the building as a tresspasser
• what is element four of burglary?

  The Defendant has Knowledge or recklessness as to his entering as a trespasser.
• what is the significance of the case of Norfolk Constabulary v Seekings and Gould?

  It shows how a lorry trailer is not a building because it has wheels and still remains a vehicle
• Which case shows how a lorry trailer is not a building because it has wheels and still remains a vehicle?

  Norfolk Constabulary v Seekings and Gould
• What is the significance of the case of B and S v Leathley?

  It shows how a 25 foot freezer can be held to be a building as it had doors with locks and was connected to electricity.
• Which case shows how a 25 foot freezer can be held to be a building as it had doors with locks and was connected to electricity?

  B and S v Leathley
• what case shows how 'part of a building ' is used to cover situations where a defendant may have permission to be in one part of the building, and isn't trespassing there, but doesn't have permission to be in another part?

  r v Walkington
• what is the significance of the case r v walkington?

  it shows how 'part of a building ' is used to cover situations where a defendant may have permission to be in one part of the building, and isn't trespassing there, but doesn't have permission to be in another part
• what is the significance of the case of r v rodmell?

  It was decided that a garden shed is part of a person's home. Burglars should be under no illusion that burglary of outbuildings is just as much burglary of domestic premises as breaking into the front door.
• in which case was it decided that a garden shed is part of a person's home. Burglars should be under no illusion that burglary of outbuildings is just as much burglary of domestic premises as breaking into the front door?

  r v Rodmell