11. Burglary and Aggravated Burglary PDF

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criminal lecture notes on burglary and aggravated burglary...

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Burglary and Aggravated Burglary Burglary  

Two types of burglary - s. 9(1)(a) and s. 9(1)(b) Plus, aggravated burglary – s. 10

Theft Act 1968 Section 9 

s. 9 (1): A person is guilty of burglary if – (a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or (b) 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 harm (2) stealing (theft) anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm therein, and of doing unlawful damage to the building   

s. 9(1)(a) = enter with intention to s. 9(1)(b) = actually/attempts Damage relates to s. 9 (1)(a) not s. 9(1)(b)

Criminal Attempts Act 1981 Section 1   

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s. 1 (1): “More than merely preparatory” Intention to commit relevant crime Opportunity to commit the relevant crime - R v Campbell [1993] - R v Geddes [1996] Embark upon the “crime proper” - R v Gullefer [1990] Extraordinary preparation - R v Tosti & White [1997] - R v Litholetovs [2002]

Common Elements of Burglary 1. Entry 2. Building or part of building 3. As trespasser

Entry

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Physical act of entry is required Intention to enter required Authorities suggest that entry must be both “effective and substantial” - Collins (1973)  D saw V asleep in bedroom. Removed his clothes (accept socks) and climbed into room with intent to rape V. V woke mid-climb and thought D was boyfriend, inviting him in. They had consensual sex. D charged with burglary. (this under the old Act amounted to burglary in 1973 – not anymore)  Key question: where exactly as D at the time he was welcomed in? If he did not enter the room when welcomed, he was not a trespasser  Jury must be satisfied of “substantial and effective entry” Subsequent cases: - Brown (1985)  Leant top of body through shop window. Feet remained outside. Used arms to rummage for property to steal.  Substantial and effective. Conviction upheld - Ryan (1996)  D leant through window and got stuck – head and arm. Could not physically steal anything  COA said “substantial” added nothing

Building/Part Of 

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Case law suggests a building structure of considerable size with some degree of permanence - Such as house, shop, garage, shed etc. - Also includes vessels, caravans, and houseboats Fairly wide definition - B & S v Leathley (1979)  Freezer container in a farmyard. Not been moved for over 2 years - However, Norfolk Constabulary v Seekings and Gould  Trailers on wheels were not buildings Temporary shelters are not buildings e.g. tents Whether something is a building is a question of fact for the jury - Manning and Rodgers (1871) Building is an “ordinary word in everyday usage” Entry is specific to “Areas” e.g. students who share house/bedrooms - Walkington (1979)  D went behind counter in department store  Three-sided moveable counter in an area reserved for staff  Intended to steal but empty  Counter was a “physical demarcation”  Conviction upheld

Trespasser 

Must be a trespasser on entry

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Civil law concept “Intentional, reckless, or negligent entry into a building which is in the possession of another person and that person does not consent to entry” Crime – reckless or intentional entry in excess of permission given Subjective recklessness – Cunningham Jones and Smith (1976) - Ds entered Smith’s father’s house and stole two television sets - Smith had general permission to enter the house, but exceeded that permission when he entered with the intention to steal the television sets

Aggravated Burglary   

Indictable only Maximum life imprisonment Burglary + WIFE

Theft Act 1968 Section 10 

s. 10(1): A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose – (a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and (b) “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and (c) “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose

At the Time  

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D must have “WIFE” with him at the time of the offence The relevant time of having the weapon is dependent upon which type of burglary is charged - s. 9(1)(a) = entry - s. 9(1)(b) = at time commits the ulterior offence i.e. stealing/GBH or when “more than merely preparatory” for attempts Francis (1982) - Ds entered building with sticks but then discarded them whilst stealing - (b) burglary quashed O’Leary (1986) - D entered with no weapon. Took knife from kitchen. Took to bedroom and threatened occupiers - (b) conviction upheld

Knowledge  

D must know that he has the weapon with him No need to prove that D intended to use the weapon to cause injury during the burglary

- Stones (1989) court did not care that D claimed the knife was allegedly for self-defence Going Equipped 

s. 25(1): A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft...