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BURGLARY, MENS REA - Coggle Diagram
BURGLARY
- ACTUS REUS OF BURGLARY- ENTRY
Defined in case law, not statutes
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R v Ryan- Definition was changed to just 'effective entry' and not substantial. In this case there was a partial entry as the D only put his head and shoulders through an open window to steal property from inside
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- ACTUS REUS OF BURGLARY- AS A TRESPASSER
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If D had permission they aren't a trespasser- R v Collins (man entered a womans bedroom through a window and he got naked and the girl thought it was her boyfriend and so invited him in. He was charged on the grounds that he entered as a trespasser with the intent to commit rape)
It must be shown that the D was aware they were trespassing or that they were subjectively reckless in doing so (Cunningham Recklessness)
Permission
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R v Smith and Jones- 2 appellants went to the home of one of their parents and stole 2 TV's. The dad stated that they were allowed in the house but not to take anything
- ACTUS REUS OF BURGLARY- A BUILDING OR PART OF A BUILDING
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Part of a building
Where the D is in part of a building they don't have permission to be in: R v Walkington- The D entered a shop as a customer but then went behind the counter to access the till
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BURGLARY- S9(1)(a): They enter a building, or part of a building, as a trespasser, with intent to commit theft, inflict GBH on any person in the building
BURGLARY- S9(1)(b): They enter a building, or part of a building as a trespasser, they steal or attempt to steal anything in the building, or inflict or attempt to inflict GBH on any person in the building
There are 2 offences of burglary under S9(1)(a) and S9(1)(b). There is also an offence under S10 THEFT ACT 1968 of aggravated burglary
According to R v Flack the word dwelling is to be interpreted by the jury without guidance from the judge
MENS REA
S9(1)(b)
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However, it must be proved, that once inside, there was actual attempt offending of the ulterior offence
S9(1)(a)
It needs to be proved that the D had intention or subjective recklessness to trespass and, secondly, the D, at the time of entry, intended to commit one of the offences listed in S(9)2
Known as ulterior offences, theft, inflicting GBH or unlawful damage to the building or anything in it
If the intent isn't present at the time of entry, subsequent formation of ulterior intent won't amount to burglary