Flashcards
BURGLARY S.9 THEFT ACT 1968
Cards in this deck (21)
- 1Section 9 Theft Act 1968Section 9 defines the offence of burglary. Burglary has two different elements that are defined under s.9(1)(a) and s.9(1)(b)
- 2s9(1)(a)A person is guilty of burglary if he enters a building or part of a building as a trespasser and with intent to commit any such offence as it mentioned in subsection 2 - these include theft, GBH or damage to the property or anything therein.
- 3s9(1)(b)Having entered a building or part of a building as a trespasser he steals or attempts to steal anything in the building or part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
- 4Common elementsDespite the two elements covering different offences of burglary, they both share common elements.
- 5EntryThe defendant must enter into a building or part of a building
- 6R V COLLINSEntry is achieved when the defendant gains 'effective and substantive' entry.
- 7R V BROWNWhere half of the body is inside the building, this will be deemed as effective entry.
- 8R V RYANEntry only needs to be effective.
- 9R V DAVISPlacing a finger inside a window of a house amounted to effective and substantive entry.
- 10R V MICHAELConfusion arose over whether where the defendant commits the act of making a child under the age of 10 or an animal enter the building constitutes as an effective entry.
- 11Building or part of a buildingA building is defined as a structure of considerable size with some degree of performance and stability.
- 12s.9(4)A building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times where the person having habitation in it is not there as well as times where he is.
- 13B AND S V LEATHLEYA freezer container was established as a building.
- 14MANNING AND ROGERS'It is sufficient that it should be connected and entire structure. I do not think four walls erected a foot high would be a building'.
- 15NORFOLK CONSTABULUARY V SEEKINGS AND GOULDUnattended lorry trailers on wheels are not buildings.
- 16R V WALKINGTONYou can trespass on a part of a building.
- 17R V LAINGAffirmed the decision in Walkington.
- 18As a trespasserA trespasser is defined as 'the intentional, reckless or negligent entry into a building which is in the possession of another, where that person does not consent to the entry'.
- 19R V JONES AND SMITHEven when consent is given, a person can still be a trespasser if they go beyond the permission or consent that has been given to them.
- 20s.9(1)(a) different elementsUnder s.9(1)(a), the defendant must enter the building with the intention to commit theft, GBH or with the intention to damage the building or anything therein.
- 21s.9(1)(b)Under this section, the defendant will be guilty if they enter the building and commit theft, or attempted to commit theft, or commit GBH or attempt to commit GBH.
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- Undergraduate Criminal Law Flashcards on BURGLARY S.9 THEFT ACT 1968, created by Chantal Briancon on 12/05/2016.
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- Chantal Briancon
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