Burglary

Right, so burglary.

s.9 of the Theft Act 1968

Entry
Tresspass
Building

9(1) (a) - D has an intention to commit theft on entering the building as a trespasser. He may also have an intention to commit GBH or criminal damage. Rape was removed by the Sexual Offences Act 2003.


9(1) (b) - D, having entered, commits or attempts to commit theft or GBH.
For (b) they need to actually TRY to do it. Criminal damage not included.

DIFFERENCE: When the intention was formed - on entry or having entered?

AO2 - what about ABH? Unfair to only include serious harm. They may punch in order to steal and it won't be burglary. This is unfair.


ENTRY
Collins - has to be 'substantive and effective'
Brown - robbed shop by reached arm through window - only has to be 'effective'
Ryan - got stuck - couldn't steal - confirms Brown


TRESPASS - concerns AR and MR

Collins - (NG) D must either know or be reckless as to whether or no he was entering without the owner's consent
Smith and Jones - robbed Dad's 2 TV's - went beyond general permission.

Scenario: If invited into house, you don't slide down banisters - goes beyond general permission.


BUILDING

Includes: houseboats, caravans, houses, flats, offices, factories, outbuildings (s.4)
'a dwelling of considerable size that is built to endure'

Seeking and Gould - tried to get into containers used by supermarket in redevelopment. Because, amongst other things, it had wheels, it was NOT a building - NOT GUILTY.
B&S v Leathly - D stole meat from farmyard freezer - Court - freezer WAS building - it meets the test - 'considerable size, built to endure' - GUILTY
Walkington - tried to rob till. Knew he was not allowed in THAT part of the building - Entry to PART of a building is sufficient.

Cases:
Collins
Brown
Ryan
Smith & Jones
Seeking & Gould
B&S v Leathly
Walkington

AO2 - Ryan - didn't ACTUALLY steal anything - he was stuck - still convicted - unfair? Also confusion over 9(1)(a) and 9(1)(b)- only need intention for (a). Have to actually attempt, at least, for (b). AND none include ABH - unfair.
Trespassing - Smith and Jones - may not even realised they are considered trespassers. Collins - didn't even know - unfair to prosecute.

But overall, burglary seems quite straightforward.


So yes, that's burglary. Nice init.