EXAM NOTES: Burglary/Aggravated Burglary Flashcards Preview

Criminal Law > EXAM NOTES: Burglary/Aggravated Burglary > Flashcards

Flashcards in EXAM NOTES: Burglary/Aggravated Burglary Deck (25)
Loading flashcards...
1
Q

What does s9(1)(a) burglary cover? (BA)

A

trespass with intent to steal/commit GBH/unlawful damage

2
Q

what does s9(1)(b) burglary cover (BB)

A

trespassing and committing GBH or theft

3
Q

What is the structure for BA?

A

(1) Enters
(2) Building or part
(3) As a trespasser
(4) Knowledge/recklessness as to trespass
(5) Intention to steal/GBH/unlawful damage

4
Q

What is the AR for s9(1)(a) burglary?

A

1) enters
2) building or part
3) as a trespasser

5
Q

Explain entry

A

1) R v Ryan - a matter of fact for the jury to decide

2) Smith & Horgan think should follow old common law rule in Collins: entry of any part of the body, no matter how small

6
Q

What constitutes a building for the purposes of burglary?

A

1) s9(4) includes inhabited vehicles and boats
2) Stevens v Gourley - considerable size and an element of permanence
3) B and S v Leathley - railway container had been in place for two years and had electricity — building
4) Norfolk Constabulary v Seekings & Gould - railway containers used for temporary storage — not building

7
Q

What is the rule about part of a building

A

R v Walkington

  • entering part of a building which D is not entitled to go into is trespass
  • even if he is entitled to enter other parts of the building
  • here, till area
8
Q

How can entry be as a trespasser?

A

1) R v Collins - entering a building owned by another without their consent is trespass
2) R v Jones and Smith - entering a part of a building in excess of your permission to be there makes you a trespasser

9
Q

What is the MR for BA?

A

1) knowledge/recklessness as to trespass

2) intention to steal/inflict GBH/criminal damage

10
Q

what says knowledge/recklessness as to trespass is needed?

A

R v Collins

11
Q

Explain how D must have s9(2) intention to steal/GBH/Crim Dam

A
  • just needs intention - irrelevant whether they can or not
  • E.g. X enters to GBH Y but they are not there.
  • will need to prove the elements of each offence
12
Q

what is the test for whether D entered as a trespasser recklessly?

A

R v Cunningham

1) D is aware of the risk
2) D takes the risk anyway

13
Q

how can you show D had s9(1)(a) intention to s9(2) steal?

A

show D had intention to

1) appropriate
2) property
3) belonging to another
4) dishonestly
5) with intention to permanently deprive

14
Q

how can you show D had s9(1)(a) intention to s9(2) inflict GBH?

A

show D had intention to

1) cause
2) wound (bleeding) or serious harm DPP v Saunders
3) ‘maliciously’ - with intent/recklessness as to causing some harm (Savage)
4) as to causing some harm (Parmenter)

15
Q

How can you show D had s9(1)(a) intention to s9(2) commit criminal damage?

A

show D had intention to:

1) destroy/damage
2) property
3) belonging to another
4) intentionally
5) without a lawful excuse

16
Q

what is the structure for a BB?

A

s9(1)(a) first if possible, then….

(1) Enter
(2) As a trespasser
(3) Building or part
(4) Steal/attempt to steal or inflict GBH/attempt to
(5) Knowledge/recklessness as to trespass
(6) MR for GBH/Theft
a. discuss R v Jenkins for GBH

17
Q

What is the AR for BB?

A
•	Enter 
•	As a trespasser
•	Building or part
•	And either:
o	Steal or attempt to steal, or
o	Inflict or attempt to inflict GBH 
	Factual/legal causation + has V suffered GBH?
18
Q

What is the MR for BB?

A
  • Knowledge/recklessness as to trespassing

* MR for GBH/Theft

19
Q

What qualifies the need for MR for BB GBH?

A

R v Jenkins
– no need to show MR for GBH just need to show the harm happened.
- but on appeal this case was overturned on different grounds so the court did not confirm this.
- Also no statutory basis for this

20
Q

What is the structure for an aggravated burglary (AB) offence?

A

(1) Commit s9(1)(a) or (b) burglary
(2) With a firearm/weapon of offence/explosive
(3) At the time
(4) MR for burglary

21
Q

what governs AB?

A

s10 TA 1968

22
Q

what weapon must be with D to constitute AB?

A
  • Firearm or imitation s10(1)(a)
  • Weapon of offence s10(1)(b)
  • Explosive s10(1)(c)
23
Q

explain what a weapon of offence is

A

s10(1)(b)
- any item made, adapted or intended for use to injure or incapacitate
- made = no other purpose than to injure or incapacitate
- adapted = changed in order to injure or incapacitate
intended = very broad eg a pencil used to stab someone

24
Q

what demonstrates how a s10 TA 1968 offence requires D to have a weapon with them “at the time” they commit the offence

A

R v O’Leary

  • X enters house with intention
  • X steals a knife and some jewellery
  • only a s9(1)(a) when he enters as no weapon
  • but s9(1)(b) when he steals the jewellery because has a s10(1)(b) weapon of offence
25
Q

what is the MR for s10 aggravated burglary

A
  • MR for burglary
  • R v Stone no need for intention to use the weapon
  • R v Kelly - for a weapon of intent need the intention to use it to injure or incapacitate