Burglary - PowerPoint Presentation

Slide1

BurglarySlide2

2 types of Burglary

S. 9(1) Theft Act 1968

– person is guilty of burglary if:

He

enters

any

building or part of a building

as a

trespasser

and with

intent to commit

an offence of

stealing, inflicting grievous bodily harm, or doing unlawful damage

; OR

Having entered

any

building or part of a building

as a

trespasser

he

steals or attempts to steal

anything in the building or that part of it

or inflicts or attempts to inflict on any person therein any grievous bodily harmSlide3

S.9(1) (a)

Emphasis in on

Mens

Rea

D

does not need to commit any of the offences

(called

ulterior offences

) but must

intend to do so when entering

Actus Reus:

Enters

A building or part of a building

As a trespasser

Mens

Rea:

Knowledge or recklessness as to entering as a trespasser

Intent to commit theft, grievous bodily harm or damage to the building or its contentsSlide4

S. 9(1) (b)

Emphasis is on

Actus Reus

D

must either commit or attempt to commit

one of the

ulterior offences

but need not intend to do so when entering

Actus Reus:

Enters

A building or part of a building

As a trespasser

Actus Reus of theft/GBH/attempted theft/attempted GBH

Mens

Rea:

Knowledge or recklessness as to his entry as a trespasser

MR for theft/GBHSlide5

For Both a) and b)

AR - Entry

AR - To a building or part of one

MR – knowledge or recklessness as to the trespass

AR - As a trespasser

Plus

For a) at the time of entry D has the MR of intent to steal, commit GBH or criminal damage by no further AR is needed

For b) no need for MR at the time of entry but AR and MR of theft or GBH (or attempted theft or GBH) are neededSlide6

Common Element 1 -

Enters

Entry is done when

“effective entry”

has taken place – a question of fact and depends on whether

enough of D is in the building to achieve the ulterior intent

(S.9(1) (a)) or

commit the crime or attempt the c

rime (S.9(1) (b))

Collins

– entry needs to be

“effective and substantial”

– this means that it enables the crime to be committed not that D’s body was wholly or partly inside the buildingBrown

– D seen with head and shoulders inside a broken shop window – enough for effective entry as he could handle the goods in the shopRyan – V found D stuck in downstairs window of house. D’s head and arm inside the window which had fallen on his neck and trapped him, rest of body outside. Held that partial entry was sufficient even though he couldn’t have stolen anything – suggests that entry no longer needs to be sufficient or effective

(contrary to Collins)Nb – if D is standing with a fishing rod through a letter box or using a remote device to steal this will still amount to entry as device is likely to be considered as an extension of D’s bodySlide7

Common Element 2 -

Building or part thereof

No formal definition of building, but has to be

fairly permanent structure

E.g. probably

excludes a tent

so theft from a tent at a music festival would remain as theft and not burglary

S.9(3) Theft Act 1968

– definition of building includes an

inhabited vehicle or vessel,

including when the person having habitation in it is not there

E.g.

caravan when it is being used to live in would be a building but not when it is simply being used as a vehicle or parked up over winterAlso includes outbuildings and sheds

Only necessary to enter part of a building as a trespasser – so if someone has permission to enter parts of a building but not others (e.g. a staff only sign on a door in a shop) they would be held to have entered a building as a trespasser if they enter that partWalkington

– part of a building can include a partitioned off area of a shop – in this case the partitioned section of the tillSlide8

Common Element 3 –

As a Trespasser

As seen in

Walkington

trespass includes

entry into part of a building that D does not have express or implied permission to enter

Trespass is entering a building or part of a building in the possession of another

without permission or a legal right to do so

Permission can be given

expressly or impliedly

A person who has

permission to enter for one purpose but enters for another would be entering as a trespasserJones and Smith – D’s were convicted of burglary because they had knowingly exceeded their permission to be in the house – permission was not given to enter and steal things even though one D was the son of the owner who said his son would never be a trespasser in his houseSlide9

Common Element 4 –

Knowledge or Recklessness as to the Trespass

Entry must be

voluntary

– not forced by another or accidental

Cunningham

recklessness

applies - where

D knows there is a risk

but is willing to take it and takes it deliberately Slide10

Consideration of the

Common Elements

Collins

– D climbed a ladder outside a house and saw a naked young woman asleep in her bed. He descended the ladder and stripped naked (apart from his socks) then climbed the ladder to the girl’s windowsill. The woman thought it was her boyfriend and invited him in where they proceeded to have sexual intercourse

Not entry as it was not substantial

– was only on the windowsill when she invited him in

Not trespass as she invited him inSlide11

Different Elements –

S.9(1) (a)

-

at the time of entry D has the MR of intent to steal, commit GBH or criminal damage by no further AR is needed

D

does not have to have committed the offence

Only needs to have

MR of intent to commit either theft, GBH or criminal damage

to the building or its contents

D

must form the intention before he entered

the building as a

trespasserCan be conditional intent – e.g. to steal jewellery if there is jewellery inside the buildingSlide12

Different Elements –

S.9(1) (b)

-

no need for MR at the time of entry but AR and MR of theft or GBH (or attempted theft or GBH) are needed

D

must commit or attempt to commit theft or grievous bodily harm

Note that

S.9(1) (b)

does not include criminal damage

Requires the

full AR and MR of either theft or grievous bodily harm

For grievous bodily harm, can be S.20 or S.18 OAPA 1861

So MR for S.20 is enough – Mowatt

– enough that D foresee some physical harm to some person