BURGLARY S.9 THEFT ACT 1968

Chantal Briancon
Flashcards by Chantal Briancon, updated more than 1 year ago
Chantal Briancon
Created by Chantal Briancon about 4 years ago
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Undergraduate Criminal Law Flashcards on BURGLARY S.9 THEFT ACT 1968, created by Chantal Briancon on 05/12/2016.

Resource summary

Question Answer
Section 9 Theft Act 1968 Section 9 defines the offence of burglary. Burglary has two different elements that are defined under s.9(1)(a) and s.9(1)(b)
s9(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.
s9(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.
Common elements Despite the two elements covering different offences of burglary, they both share common elements.
Entry The defendant must enter into a building or part of a building
R V COLLINS Entry is achieved when the defendant gains 'effective and substantive' entry.
R V BROWN Where half of the body is inside the building, this will be deemed as effective entry.
R V RYAN Entry only needs to be effective.
R V DAVIS Placing a finger inside a window of a house amounted to effective and substantive entry.
R V MICHAEL Confusion 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.
Building or part of a building A building is defined as a structure of considerable size with some degree of performance and stability.
s.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.
B AND S V LEATHLEY A freezer container was established as a building.
MANNING 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'.
NORFOLK CONSTABULUARY V SEEKINGS AND GOULD Unattended lorry trailers on wheels are not buildings.
R V WALKINGTON You can trespass on a part of a building.
R V LAING Affirmed the decision in Walkington.
As a trespasser A 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'.
R V JONES AND SMITH Even 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.
s.9(1)(a) different elements Under 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.
s.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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