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Burglary

Burglary. Found in the Theft Act 1968 Defined in Section 9 There are 2 different offences of Burglary: 9(1)(a) and 9(1)(b). 9(1)(a) burglary. When D enters any building or part of a building as a trespasser and with intent to commit theft, rape, GBH or unlawful damage.

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Burglary

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  1. Burglary

  2. Found intheTheft Act 1968 • Defined in Section 9 • There are 2 different offences of Burglary: 9(1)(a) and 9(1)(b)

  3. 9(1)(a) burglary • When D enters any building or part of a building as a trespasser and with intent to commit theft, rape, GBH or unlawful damage.

  4. 9(1)(b) burglary • When D, having already entered as a trespasser, carries out or attempts to commit THEFT or GBH only.

  5. What's the Difference?

  6. For 9(1)(a) burglary: • D must already have the intention to commit the crime before he trespasses. • D only needs to INTEND the crime, he doesn’t have to actually do it or even TRY to do it. A-G’s ref 1 and 2 of 1979–if D intends to steal something and then finds it is not there, he can still be convicted.

  7. For 9(1)(b) burglary: • D forms the intent to commit the crime once he has trespassed. • D needs to actually commit the crime or TRY to do it.

  8. ACTUS REUS

  9. Each part of the definition needs to be broken down and defined separately.

  10. Enters

  11. “Enters” • The jury decide if there has been an entry. • There must have been an EFFECTIVE entry (i.e. as good as)

  12. R v Brown (1985) • The top half of D’s body was inside a shop window and he was rummaging inside. D was convicted of burglary and appealed on the ground that he had not "entered" the building, since his body was not entirely within it. • The Court said that the word "enter" did not require the whole of the defendant's body to be within a building. (confirmed in R v Ryan (1996))

  13. As a Trespasser

  14. “As a trespasser” • D enters as a trespasser if he has no permission to enter. • D must have the MR of being a trespasser (knowingly or recklessly)

  15. R v Collins • D climbed a ladder up to V’s bedroom. She thought he was her boyfriend, invited him in and they had intercourse. • D had not entered as a trespasser.

  16. R v Jones & Smith • The defendants took two television sets from the house of the father of one of the defendants. They were convicted of burglary despite evidence given by the father that his son had permission to enter. • The Court said a person enters a building as a trespasser when he exceeds his permission. In this case, the defendants might have had permission to enter the house for normal domestic purposes, but not to enter in the middle of the night to steal.

  17. Any Building or Part of a Building

  18. “Any building or part of a building” • Smith and Hogansay a “building” must have a degree of permanence. But moveable structures may be classed as buildings. • S.9(4) states it can be an inhabited vehicle or vessel (even when the owner is not present)

  19. R v Walkington • D entered a department store during opening hours, and approached a partition that surrounded a till on the middle of the shop floor. He stood inside the partitioned area and opened the till drawer to see if it contained any money for him to steal. • D had trespassed in PART of a buildingand was convicted of burglary.

  20. MENS REA

  21. D must intend to trespass or be reckless as to trespassing • D must also have the intention to commit one of the offences mentioned.

  22. MAXIMUM SENTENCE

  23. Burglary is triable only on indictment. • The maximum sentence is 10 years or 14 years imprisonment if the building is a dwelling.

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