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Requirements for liability for offences against property - LO4 AR and MR…
Requirements for liability for offences against property - LO4 AR and MR of Burglary
s9(1) Theft Act 1968
S9(1)(a)
S9(1)(b)
having entered the premises as a trespasser, D steals or attempts to steal, or inflicts or attempts to inflict grievous bodily harm.
Aggravated burglary s10
committed if a burglar has with him a firearm, imitation firearm, offensive weapon or explosive. Imitation firearm would include a toy gun. An offensive weapon is any article made, adapted or intended to cause injury or to incapacitate a person.
R v Collins (1973)
C of A entry must be "effective and substantial" for burglary to be made out.
R v Jones and Smith (1976)
Held both guilty of burglary S had entered in excess of the permission given, since clearly that permission did not extend to any entry in order to steal.
B and S v Leathley (1979)
For a structure to constitute a building, some degree of permanence is required.
R v Walkington (1979)
Conviction upheld D has gone behind the counter entered a part of a building as a trespasser.
A-G's Reference (nos 1 and 2 of 1979) (1980)
R v O'Leary (1986)
The offence was charged under s.9(1)(b) and there was thus no requirement that he had the knife at the time of entry. His conviction was upheld.
R v Stones (1989)
Conviction upheld. Possession of the weapon at the time of the burglary is all that is required for aggravated burglary. There is no mens rea required as to the possession.
D enters any building or part of a building as a trespasser and with intent to commit theft, grievous bodily harm or unlawful damage