Burglary
Burglary is the unlawful entry into a building or property with the intent to commit a crime, typically theft. It is considered a serious criminal offense and is often associated with theft, vandalism, or other illegal activities. The specific laws and penalties for burglary vary by jurisdiction, but it is generally viewed as a violation of property rights and personal security.
8 Key excerpts on "Burglary"
eBook - ePub- Joycelyn M. Pollock(Author)
- 2015(Publication Date)
- Routledge(Publisher)
...According to one court, the crime is against possession and is primarily intended to protect the sanctity of one’s home, especially at night when peace, solitude, and safety are most desired and expected. From early times, Burglary was considered a felony and at one time was punishable by death. 49 The term Burglary is a combination of the Saxon term “burg,” meaning house, and “laron,” meaning theft. 50 Burglary was defined in one early case in the following way: “Burglary” is the breaking into a house in the night season with intent to commit a felony, and if a house is so entered, it is Burglary, whether the felony be executed or not, and regardless of the kind of felony intended or the manner in which the felony may be frustrated, or the value of the property taken, or any other circumstance which is not intrinsic. 51 The common law crime of “Burglary” was an offense against the habitation, and the essential elements were the following: a breaking; and entry; of a dwelling house; of another; in the nighttime; with intent to commit a felony therein. 1. Breaking In order to meet this element, the prosecution must prove that some breaking [in] of the structure, either actual or constructive, occurred. Breaking consists of putting aside a part of the house that obstructs the entrance and is closed, or in penetrating an opening that is as much closed as possible (e.g., screen door). The law puts a premium upon a reasonable degree of care in acting to prevent burglaries by closing doors, windows, and other openings. Therefore, under the common law, an entry through an open door or window would not be sufficient to meet the element of breaking, even if there was intent to commit a felony. 52 The early courts did, however, recognize “constructive breaking.” To constitute this element, the breaking could be by an entry effected through fraud, or by threat or intimidation...
eBook - ePub- John Hendy(Author)
- 2015(Publication Date)
- Routledge(Publisher)
...This is an offence under s 9 of the Theft Act 1968. It is not uncommon for students to think that Burglary is simply breaking into a property in order to steal. This is an oversimplification of the offence of Burglary. In reality the offence is more sophisticated than this. Section 9 of the Theft Act 1968 provides: (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 is mentioned in subsection (2) below; or (b) having entered into 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 grievous bodily harm. (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm, and of doing unlawful damage to the building or anything therein. Common Pitfall Note: this section used to include the offence of rape, but this has now been repealed by the Sexual Offences Act 2003. (3) A person guilty of Burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding – (a) where the offence was committed in respect of a building or part of a building which was a dwelling, fourteen years; (b) in any other case, ten years. Aim Higher In subsections (1), (2) and (3) you will see references to buildings and dwellings. The offence can be committed in an inhabited vehicle or vessel (such as a camper van or a canal barge). This can include when the person living in the vehicle or vessel is there, and when they are not. The types of Burglary There are two different ways in which Burglary can be committed...
eBook - ePubCriminal Law for Criminologists
Principles and Theory in Criminal Justice
- Noel Cross(Author)
- 2020(Publication Date)
- Routledge(Publisher)
...Discuss this statement. Burglary Statutory definition The Theft Act 1968 defines several types of Burglary. Under s.9(1)(a), D is guilty of Burglary if they enter a building or part of building as a trespasser and with intent to commit theft, grievous bodily harm (GBH), or criminal damage. Under s.9(1)(b), D is guilty of Burglary if, after entering a building or a part of a building as a trespasser, they commit theft, attempted theft, GBH, or attempted GBH while inside. S.26 of the Criminal Justice Act 1991 amended s.9 to distinguish between domestic Burglary, committed in buildings where people live, and non-domestic Burglary. It is a question of fact in courts as to whether property that has been burgled is domestic or not (Flack [2013] EWCA Crim 115). S.10 of the Theft Act 1968 defines a more serious form of Burglary, aggravated Burglary, as a Burglary committed while D has a firearm, imitation firearm, any offensive weapon, or any explosive with him at the time. Both the s.9(1)(a) and the s.9(1)(b) forms of Burglary can be committed in this aggravated form. Actus reus – entry In both forms of Burglary, the prosecution has to prove that D entered the building as a trespasser. The question here is how far D has to go before they have committed an ‘entry’ into the building. Collins [1973] QB 100 stated that D had to have made an ‘effective and substantial entry’ into the building as a trespasser, and that this was a question for magistrates or juries to decide on the facts of each case. However, Brown [1985] Crim LR 212 decided that entry only had to be effective, and not substantial, without actually overruling Collins. Ryan [1996] Crim LR 320 again stated that D’s entry only has to be effective, and could be effective even if not all of D’s body had actually entered the building. Actus reus – trespass Trespassing, in civil law terms, means being on someone else’s property or land without their permission...
eBook - ePub- C. Walsh, Edward Phillips, P. Dobson, Edward Phillips, P. Dobson(Authors)
- 2001(Publication Date)
- Routledge-Cavendish(Publisher)
...It is also a crime of ulterior intent: the offence of Burglary contains a classic example of the use of this concept in the criminal law. Generally, the prosecution must prove the actus reus and the accompanying mens rea, for each offence and each element of the offence. On occasion, however, a crime may be defined in such a way that its mens rea goes beyond the actus reus actually committed by the defendant: It is not enough that D intended to enter a building as a trespasser, that is, to achieve the actus reus of Burglary. It is necessary to go further and to show that D had the intention of committing one of a number of specified offences in the building. The actual commission of one of those offences is no part of the actus reus of Burglary which is complete as soon as D enters. 53 4-32 The defendant's trespassory entry onto premises must be proved to be with the ulterior intent to commit one of the offences specified in sub-s (2): stealing, inflicting grievous bodily harm, rape, or unlawful damage. It should be noted that the intent must exist at the time of entry (not before and not after): the offence is complete as soon as the defendant enters with the necessary intention: As far as attempts are concerned, where a defendant attempts to enter the premises as a trespasser with ulterior intent, this is sufficient to constitute the offence of attempted Burglary. It is not necessary for the prosecution to prove an attempt to commit the specified offence: 54 This illustrates the considerable reach of s 9(1)(a) Burglary, going beyond that of an attempt to commit the substantive crime (for example, rape). If it can be justified, it is on the ground that entering a building as a trespasser is a non- innocent act which should be sufficient (when combined with evidence of a proscribed intent, often inferred from surroundings circumstances or from the absence of any other plausible explanation) to warrant criminal liability...
eBook - ePub- (Author)
- 2013(Publication Date)
- Straightforward Publishing Digital(Publisher)
...By definition, robbery is aggravated theft so theft must be established first. Several cases highlight the nature of a robbery. In Robinson 1977, the defendant ran a clothing club and was owed money by the victim’s wife. A fight took place during which £5 fell from the victim’s pocket. The defendant took this money and further claimed that he was still owed £2. The Court of Appeal quashed the conviction for robbery as he had a belief that he was entitled to the money and could not be held to have stolen it. In another case, Hale 1979, the defendant and an accomplice, wearing stocking masks, forced their way into the victim’s house, put a hand over her mouth to stop her screaming and then tied her up. Before tying her up, the accomplice had stolen a jewellery box from upstairs. The defendant was convicted of robbery. He appealed stating that because the theft had occurred before the victim was tied up the definition of robbery had not been established. The Court of Appeal rejected this argument stating that ‘the act of appropriation does not suddenly cease. It is a continuous act and it is a matter for the jury to decide whether or not the act of appropriation has finished’. Burglary Section 9 of the Theft Act 1968 defines the offence of Burglary in two parts: Under s.9 (1)(a) the crime is committed where: • the defendant enters a building or part of one; • as a trespasser; • with the intent to steal, inflict grievous bodily harm, or do unlawful damage to the building or anything inside it. Under s9(1)(b) the offence is also committed where: • a person steals or inflicts grievous bodily harm on another; • after he has entered as a trespasser; • or attempts to do either of these things. Elements of Burglary Entry The entry must have been effective. This was highlighted by the case of Collins 1973. The defendant who was 19 years old, had seen the girl in question when he worked near her house and after drinking a lot had decided to visit the premises...
eBook - ePub- Routledge(Author)
- 2013(Publication Date)
- Routledge(Publisher)
...The use of force even seconds after the appropriation has taken place would not amount to robbery. However, the courts have been prepared on some occasions to hold that an appropriation could consist of a continuing act (R v Hale [1978]). Stealing All the elements required for s 1(1) theft are necessary to establish that the defendant has stolen for the purposes of robbery. Thus, in R v Robinson [1977], the defendant’s conviction for robbery was quashed on the basis that, since he honestly believed that he was entitled to the property in question, he was not dishonest under s 2(1)(a) and, therefore, was incapable of committing theft. Mens rea The same mens rea as for theft (see earlier) is required but there must also be an intention to use force. (3) Burglary Definitions Section 9 of the Theft Act 1968 creates two Burglary offences. Section 9(1)(a) By s 9(1)(a), a person is guilty of Burglary if ‘he enters any building or part of a building as a trespasser’ with an intention to: ■ steal; ■ inflict grievous bodily harm; ■ commit unlawful damage to the building or anything therein. Note that s 63 of the Sexual Offences Act 2003 introduces a new offence of trespass with intent to commit a sexual offence, which replaces and expands on the old offence of entering as a trespasser with intent to rape (previously charged under s 9(1)(a)). Section 9(1)(b) A person is guilty of this offence if, having entered a building or part of a building as a trespasser, he steals or attempts to steal or inflict grievous bodily harm. Actus reus Both Burglary offences require that the defendant has entered a building or part of a building as a. trespasser. Building or part of a building In the Act there is no complete definition of what constitutes a ‘building’...
eBook - ePub- Rodger Geary(Author)
- 2012(Publication Date)
- Routledge-Cavendish(Publisher)
...he enters any building or part of a building as a trespasser...’ with an intention to: steal; rape; inflict grievous bodily harm; commit unlawful damage to the building or anything therein. Section 9(1)(b) of the Theft Act 1968 A person is guilty of this offence if having entered a building or part of a building as a trespasser he commits or attempts to commit theft, or inflict grievous bodily harm. Actus Reus Both Burglary offences require that the defendant has entered a building or part of a building as a trespasser. Building or Part of a Building There is no complete definition of what constitutes a ‘building’ contained in the Act. The following points should be noted in this respect: inhabited vehicles will amount to a ‘building’ for the purposes of the Act, even when the inhabiting person is not there; in Stevens v Gourley (1859), it was stated that a building was ‘... a structure of considerable size and intended to be permanent or at least to endure for a considerable length of time’; in B and S v Leathley (1979), a large freezer container without wheels and which was connected to the electricity supply was held to constitute a building; in Norfolk Constabulary v Seekings and Gould (1986), a lorry trailer with wheels, used for storage and connected to the electricity supply, was held not to be a building; in R v Walkington (1979), a customer who went behind a till counter of a shop was held to have entered part of a building as a trespasser. Entry It is a requirement for both forms of Burglary that the defendant enter a building or part of a building as a trespasser. However, there still seems to be some uncertainty as to precisely what is necessary to constitute an entry. Although s 9 replaced the old offences of ‘breaking and entering’, initially, it was assumed that the common law rules relating to entry would continue to apply...
eBook - ePub- Lisa Cherkassky(Author)
- 2013(Publication Date)
- Routledge(Publisher)
...What did he suggest? Checkpoint – robbery Item on checklist: Done! I can define robbery under s.8 of the Theft Act 1968 I can explain the difference between theft and robbery I understand that the theft has to be complete for the robbery to take place I can describe the judgment in B and R v DPP (2007) in relation to force I can explain the influence of Hale (1979) on the immediacy of force I can define the mens rea of robbery 12.2 Burglary Burglary is an offence under s.9 of the 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 theft, grievous bodily harm, or unlawful damage; (b) having entered a 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 grievous bodily harm.’ The offence of Burglary is split into two parts: (a) and (b). Burglary under s.9 of the Theft Act 1968 Section 9(1)(a) Section 9(1)(b) Enters a building or part of a building as a trespasser with intent to... Having entered a building or part of a building as a trespasser... Steal Cause grievous bodily harm Do unlawful damage Steals or attempts. to steal Inflicts or attempts to inflict grievous bodily harm Workpoint What is the main difference between the offences under 9(1)(a) and 9(1)(b)? Workpoint Evan climbs into Zara’s bedroom window. On entering her bedroom he finds her laptop and picks it up. Zara’s father bursts into the room and Evan drops the laptop and runs away. Has he committed an offence under s.9(1)(a) or s.9(1)(b)? Give reasons for your answer. 12.2.1 Entry ‘Entry’ is not defined in the 1968 Act. An ‘effective and substantial entry’ was required in Collins (1972). Leaning in through a window was held to be an ‘effective’ entry in Brown (1985). Case: Ryan (1996) Facts: the defendant was trapped when climbing into a house at 2:30am...
