9084 · 2.2.3
Burglary as defined in s9 Theft Act 1968 flashcards
Revision flashcards for Cambridge 9084 Burglary as defined in s9 Theft Act 1968 (syllabus 2.2.3). Flip, recall, then mark a real past-paper question.
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s9(1)(a) burglary?
Enters building/part as trespasser with intent to steal, inflict GBH, or do unlawful damage.
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s9(1)(b) burglary?
Having entered as trespasser, steals/attempts or inflicts/attempts GBH.
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Entry (Collins)?
Effective entry — part of body (or instrument attached to D) must intrude; jury decides if sufficient.
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Entry (Ryan)?
Entry possible even if D stuck halfway through window and stole nothing — any part of the body entering is sufficient.
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Trespass?
Entry without permission or exceeding permission given — mens rea at time of entry (R v Jones and Smith).
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Part of a building (Walkington)?
Counter area of shop closed to public — D exceeded implied permission by entering that part.
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What is the key difference between burglary under s9(1)(a) and s9(1)(b) of the Theft Act 1968?
s9(1)(a) requires intent to commit an ulterior offence *at the time of entry*. The crime is complete upon entry. s9(1)(b) involves committing or attempting an ulterior offence *after* having entered as a trespasser.
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What is the current legal test for 'entry' in burglary, as established in R v Ryan (1996)?
Any part of the defendant's body entering the building is sufficient to constitute an 'entry', even if they are physically unable to proceed further or commit the intended crime.
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How can a person with permission to enter a building still be a trespasser for the purposes of burglary?
By exceeding their permission. In R v Jones and Smith (1976), entering with an unlawful purpose (to steal) went beyond the general permission given, making the entry a trespass.
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What is the two-part mens rea required for burglary?
1. Intention or subjective recklessness as to being a trespasser. 2. The mens rea for the relevant ulterior offence (e.g., intention to steal for theft).
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Which ulterior offences apply to s9(1)(a) and s9(1)(b) respectively?
s9(1)(a): Theft, Grievous Bodily Harm (GBH), or Criminal Damage. s9(1)(b): Theft or Grievous Bodily Harm (GBH) only. Criminal Damage is excluded from s9(1)(b).
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What is the legal definition of a 'building' for burglary?
s9(4) Theft Act 1968 extends it to include inhabited vehicles and vessels, even if the inhabitant is not present. Case law like B and S v Leathley included a large freezer container connected to electricity, but Norfolk v Seekings excluded a disconnected lorry trailer.
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What is aggravated burglary under s10 of the Theft Act 1968?
It is committed when a person commits any form of burglary and, at the time of doing so, has with them any firearm, imitation firearm, weapon of offence, or any explosive.
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What is a 'weapon of offence' for aggravated burglary?
An article made or adapted for causing injury or incapacitating a person, or an article which the defendant has with them with the intention of using it for that purpose. An innocent item can become a weapon of offence if the intent is present.
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Can entry with an instrument count as 'entry' for burglary?
Yes, but only if the instrument is used to commit the ulterior offence (e.g., a hook to steal a purse). If the instrument is merely used to gain entry (e.g., a crowbar to pry open a window), it is not considered 'entry' itself. The defendant's body must still enter.