Burglary

• How would a person be guilty of burglary under s 9 (1) (a) of the Theft Act 1968?

  if he enters any building or part of a building as a trespasser and with intent to commit any such offence
• How would a person be guilty of burglary under s 9 (1) (b) of the Theft Act 1968?

  by having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
• What is stated in s9 (2)?

  The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm therein, and of doing unlawful damage to the building or anything therein.
• What are the AR elements of Burglary?

  1. Entry
  2. As a trespasser
  3. Building or part of a building
• What is the L.P of Brown? (where a man stuck his head in a window & tried to steal)

  L.P: Entry only needs to be effective
• What is the L.P of Ryan?

  L.P: an entry can be sufficient even if only a part of D’s body is inside the premises
• What is the meaning of being a trespasser?

  where D has no permission or exceeds permission
• What is the L.P of R v Jones & Smith? (where D had permission to go to their parent’s house where they decided to steal their TV)

  L.P: when D goes beyond permission to enter a building, they become a trespasser
• How is a Building defined in Stevens v Gourley for the purposes of Burglary?

  Definition: as ‘…a structure of considerable size and intended to be permanent or at least to endure for a considerable time’
• What is the L.P of B & S v Leathley? (where it held that a freezer container was sufficient to be a building even if the freezer was pegged on the outside)

  L.P: a building can still be recognised as it can have some degree of permanence
• What is the meaning of 'part of a building'?

  Covers situations where D may have permission to be in one part of the building BUT does not have permission to be in another part, thus becoming a trespasser
• What is the L.P of Walkington?

  L.P: a counter is recognised as being a part of a building, therefore if D enters as a trespasser, the element has been satisfied
• What are the MR for Burglary?

  Either:

  1. Intention
  2. Recklessness as to trespass
• What is the MR for s9 (1) (a)?

  having entered with intent to commit one of the following offences: stealing, inflicting GBH, or unlawful damage to the building or anything therein
• What is the MR for s9 (1) (b)?

  having entered and committed or attempted to commit one of the following offences: stealing, inflicting GBH
• How will D be guilty of Aggravated Burglary under s10 of the Theft Act?

  A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive
• What is the L.P of Wiggins?

  L.P: For s.9(1)(a) burglary, the weapon must be in possession of D at time of entry
• What is the L.P of O'Leary?

  L.P: For s.9(1)(b) burglary, weapon must be in possession by D at the time of committing further offence
• What is the L.P of Kelly?

  L.P: Weapon is widely defined, e.g. screwdriver if intended to be used can be recognised as a weapon
• Is criminal damage part of section 9 (1) (b)?

  NO:

  criminal damage is only part of section 9 (1) (a)