Burglary: Sexual Offences ACT 2003 PDF

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Paul Wynell-Sutherland...

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BURGLARY Section 9 Theft Act 1968 - Section 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 mentioned in subsection (2), 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 GBH - Section 9(2) – the offences referred to in subsection (1)(a) are offence of stealing anything in the building or part of a building in question, or inflicting on any person therein any GBH, and of doing unlawful damage to the building or anything therein - Section 9(4) – building also apply to an inhabited vehicle or vessel and applies to any such vehicle or vessel at times when the person having a habitation in it is not there as well as the times he is - Stevens v Gourley (1859); Norfolk Constabulary v Seekings and Gould [1986]; R v Walkington [1979] - “as a trespasser” – entry into a building (or part of) without permission + knowledge of lack of permission or recklessness thereto – R v Collins [1973] - Permission can be implied or express - The scope of permission – The Carlgarth [1927] – licence - Where permission given for one purpose but enters intending to do something else – R v Jones and Smith - Entry – R v Collins [1973] - The ulterior intent – to steal, inflict on any person therein any GBH, or do unlawful damage to the building or anything therein – s9(1)(a) - Further offences under s9(1)(b) – R v Jenkins; R v Wilson - Section 9(3) – on indictment for term not exceeding (a) where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years; (b) in any other case, ten years.

TRESPASS WITH INTENT TO COMMIT A SEXUAL OFFENCE Section 63 Sexual Offences Act 2003 - Section 63(1) - A person commits an offence if – (a) He is a trespasser on any premises, (b) He intends to commit a relevant sexual offence on the premises, and (c) He knows that, or is reckless as to whether, he is a trespasser. - Section 63(3) – (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum for both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years....