5405520
Description
Flashcards by Chantal Briancon, updated more than 1 year ago
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Created by Chantal Briancon
almost 8 years ago
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| 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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