What is the AR of burglary?
- The AR of theft
- Force or the threat of force is used
- The force or threat is immediately at the time of stealing
Appropriation is a continuing act for the purpose of the theft. Which case?
R v Hale
The use of force can be directed against property as well as people. Which case?
R v Clouden
What is the MR of robbery?
- The MR of theft
- The force is used in order to steal
- Intention or recklessness as to the force
What is the AR of burglary s9(1)(a)?
- Entry into a building or part of a building
2. As a trespasser
Entry must be “effective and substantial”. Which case?
R v Collins
Being stuck in a shop window was “effective entry”. Which case?
R v Ryan
A person may be a trespasser if they entered the building or part of a building, knowing that they were going to exceed their permission. Which case?
R v Jones and Smith
A “part of a building” may include a shop counter. Which case?
R v Walkington
What is the MR of burglary s9(1)(a)?
- Intention to enter
- Intention or recklessness as to being a trespasser
- Intention to steal or commit GBH or criminal damage
What is the AR of burglary s9(1)(b)?
- Having entered
- A part of a building as a trespasser
- AR of theft, GBH (or attempted GBH)
What is the MR of burglary s9(1)(b)?
- Intention to enter
- Intention or recklessness as to the trespass
- MR of the ulterior offence
