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Burglary - Coggle Diagram

- - - - Same as 9(1)(a)
    - - S9(2): the defendant must be a trespasser into a building or part thereof in order to commit one of the following crimes
        
        The defendant need not successfully commit the offence, he must only have entered with the intent to commit it
  - - - for theft, grievous bodily harm or criminal damage when committing (or attempting to commit) the actus reus of one of these offences
- - - - Being on another's property without permission or authority. A person with authority but not permission is not a trespasser such as a police officer.
      - Exceeding given permissions to enter a specific part of property makes one a trespasser
    - - Cases
        
        R v Collins
        
        Entry must be 'substantial and effective'
        
        Moved away from Collins criteria.
        
        R v Ryan
        
        Not all of D's body parts were in the window but the appeal was rejected because entry was sufficient.
        
        R v Brown
        
        Court of Appeal remarked that 'substantial' is a unnecessary addition and the focus should only be if it was 'effective'
    - - R v Walkington
        
        Counter area of the shop was part of the building. So, D was convicted of burglary because they argued his entry into the store and into the counter area as 2 separate entries.
      - R v Laing
        
        D's conviction was quashed because prosecution failed to show how he entered the store as a trespasser. This could've been avoided if they argued it separately like in Walkington.
      - B and S v Leathley
        
        Freezer container that rested on sleepers, had electric supply connection and doors with locks was considered to be a building.
      - Norfolk Constabulary v Seekings and Gould
        
        Lorry trailer with electric supply and steps up to it was not considered a building but a vehicle as it still had wheels.
      - R v Rodmell
        
        Burglary of a garden shed is still burglary because it is part of someone's property although not as serious as burglary of a place where someone lives.
  - - - Civil law trespassing doesn't require any state of mind but in context of burglary, D must have intention or subjective recklessness as to trespass.
    - - D does not need to successfully commit the offence, he only needs to enter with the intent to commit it.
      - R v Husseyn
        
        Appeal allowed on basis that they did not know what the van contained when they opened the doors.
        
        AG's Reference (1979)
        
        The court's decision was criticism of the prosecution's indictment. The D's were charged with burglary of 'expensive scuba equipment' rather than just burglary of the contents of the van, which would've been valid.
- - - - D only need to be armed at time burglary is committed to be considered aggravated burglary. therefore charging under s9(1)(a) or (b) changes when robbery is committed, and whether robbery becomes aggravated robbery.
    - - Burglary: max 10 years imprisonment, aggravated burglary: max life imprisonment
  - - - R v Kelly
        
        screwdriver considered a 'weapon of offence'