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Criminal Law - Prop
Property Offences - Burglary
Question | Answer |
---|---|
Burglary statute | s9 Theft Act 1968 |
9(1)(a) | Entering a building/part of a building as a trespasser with intent to commit theft, GBH, or criminal damage |
9(1)(b) | Entering a building/part of a building as a trespasser and (attempting) stealing, or (attempting) inflicting GBH |
Mens rea of both 9(1)(a)/(b) | D must be at least reckless as to their trespassing |
Brown | D leaned through a shop window which was deemed successful 'entry' |
Ryan | D became trapped in a shop window, which was considered successful 'entry' |
B and S v Leathley | 25 foot-freezer deemed a building |
Norfolk Constabulary v Seekings and Gould | Lorry trailor deemed not a building because of its vehicular nature |
Walkington | can be entry to 'part of a building' - in this case a counter was sufficient |
Jones and Smith | D was a trespasser to his father's house due to his intent on stealing the tv sets |
Collins | Ladder pervert - Wasn't deemed a trespasser as he was invited in by the girlfriend |
What aggravating circumstances may increase the maximum sentence of burglary? | 'dwelling' (14 years), or the presence of an (imitation) firearm, weapon of offence, or explosive material (max life) |
What is the maximum sentence for burglary without any aggravating circumstances? | 10 years |
Chipunza | Burglary took place in a hotel room which was deemed a 'dwelling', so max sentence was increased to 14 years. |