burglary

Question 1

in what section of what act is burglary

Answer 1

s9 of the theft act 1968

Question 2

what are the two separate offences in the theft act for burglary

Answer 2

s9(1)a and s9(1)b

• s91a= enters any building or part of a building with intention to commit theft, gbh or unlawful damage
• s91b=enters a building or part of a building and commits, attempts to commit theft or gbh

Question 3

what is the AR for both section 91a and 91b burglary

Answer 3

1. entry
2. building
3. as a trespasser

Question 4

what does the theft act say bout entry

Answer 4

the theft act does not define entry but the courts use previous cases to define what an entry is

Question 5

what are the three leading cases for entry

Answer 5

• r v collins
• d was intoxicated and wanted to have sex, he saw an open window and climbed up. he was greeted by a girl who mistakenly thought he was her boyfriend so she invited him in and they had sex
• he was convicted with s.91a burglary as he had entered the building with intention to rape
• conviction was quashed on appeal as he was invited in. the courts said it must be ‘an effective and substantial entry
• r v brown, d smashed a window and put his hand through. this was an ‘effective’ entry but not substantial however this was enough. developed the rule
• r v ryan showed that even only a part of a trespassers body entering can be ‘effective’

Question 6

how is the term building defined for the purposes of burglary

Answer 6

• there is no basic definition in the theft act but it is widely accepted that flats, houses, offices etc are buildings
• the word building also covers houseboats, outbuildings and sheds for the purposes of burglary
• however the legislation does make it clear that entering ‘part of a building’ is substantial.

Question 7

what is a problem with the way the courts define the term building

Answer 7

• because there is no concrete definition it is down to interpretation which leads to inconsistencies.
• for example in one case a freezer container was classed as a building but in another a lorry which had been used as a storage container for a year was not

Question 8

what is a leading case for the term building

Answer 8

-r v walkington, d went behind the till of a shop and opened a cash register. he was guilty of theft under s91a. this showed that prohibited areas count as a ‘building’.

Question 9

how is being a trespasser defined

Answer 9

• hinges on whether the d has permission to enter the building or not, eg in r v collins d was not guilty because he was invited into the building.
• a d may also be a trespasser if they have permission to enter a building but exceed this permission or if they gain entry by fraudulent means.

Question 10

what is the leading case for trespassing

Answer 10

-r v smith and jones. d entered his dads house in the night and took two televisions without his father knowing. they were guilty of s91b burglary because although he had permission to enter his father’s house he knowingly exceeded that permission.

Question 11

describe the mr for both s91a and s91b

Answer 11

• both= the d must intentionally or recklessly trespass, therefore they know that they are a trespasser or know that there is a risk of them being a trespasser
• 91ad must have conditional intent for theft, gbh, or unlawful damage (intent to commit the offence at the time of entering the building). it does not matter if they do not carry out the offence, the conditional intent is enough
• 91b must have the intention for theft or gbh at the time of committing these offences.

Question 12

describe sentencing for burglary

Answer 12

• triable either way
• community order
• fine
• prison sentence up to 14 years if its a dwelling, 10 years if not