Burglary
To get a conviction in accordance with section 9(1)(a), the prosecution must demonstrate that: This is the Actus Reus the fact that D 'entered'; 'a building or portion of a building'; while acting as a 'trespasser' Men The Rea knowing or being reckless to the fact that they entered the building as a trespasser, and at the time of entry, D intended to steal anything from the building or a portion of the building in question, or to inflict any kind of grievous bodily harm on any person who was present, or to unlawfully damage the building or anything that was present: S9(2).
Learning Outcomes
By the end of this lecture you will know:
state the actus reus and mens rea of burglary;
set out the differences between burglary under s9(1)(a) and s9(1)(b) Theft Act 1968;
identify the factors that that will result in a conviction for aggravated burglary;
Key Cases
Burglary
Actus Reus
R v Collins [1972] 2 All ER 1105
R v Brown [1985] Crim LR 212
R v Ryan [1996] Crim LR 320
B and S v Leathley [1979] Crim LR 314 (Crown Ct)
R v Jones & Smith [1976] 3 All ER 54
Mens Rea
Attorney-General's Reference (Nos.1 & 2 of 1979) [1979] 3 All ER 143
Aggravated Burglary
R v O’Leary (1986) 82 Cr App R 341
R v Francis [1982] Crim LR 363
To get a conviction in accordance with section 9(1)(a), the prosecution must demonstrate that: This is the Actus Reus the fact that D 'entered'; 'a building or portion of a building'; while acting as a 'trespasser' Men The Rea knowing or being reckless to the fact that they entered the building as a trespasser, and at the time of entry, D intended to steal anything from the building or a portion of the building in question, or to inflict any kind of grievous bodily harm on any person who was present, or to unlawfully damage the building or anything that was present: S9(2).
Learning Outcomes
By the end of this lecture you will know:
state the actus reus and mens rea of burglary;
set out the differences between burglary under s9(1)(a) and s9(1)(b) Theft Act 1968;
identify the factors that that will result in a conviction for aggravated burglary;
Key Cases
Burglary
Actus Reus
R v Collins [1972] 2 All ER 1105
R v Brown [1985] Crim LR 212
R v Ryan [1996] Crim LR 320
B and S v Leathley [1979] Crim LR 314 (Crown Ct)
R v Jones & Smith [1976] 3 All ER 54
Mens Rea
Attorney-General's Reference (Nos.1 & 2 of 1979) [1979] 3 All ER 143
Aggravated Burglary
R v O’Leary (1986) 82 Cr App R 341
R v Francis [1982] Crim LR 363
To get a conviction in accordance with section 9(1)(a), the prosecution must demonstrate that: This is the Actus Reus the fact that D 'entered'; 'a building or portion of a building'; while acting as a 'trespasser' Men The Rea knowing or being reckless to the fact that they entered the building as a trespasser, and at the time of entry, D intended to steal anything from the building or a portion of the building in question, or to inflict any kind of grievous bodily harm on any person who was present, or to unlawfully damage the building or anything that was present: S9(2).
Learning Outcomes
By the end of this lecture you will know:
state the actus reus and mens rea of burglary;
set out the differences between burglary under s9(1)(a) and s9(1)(b) Theft Act 1968;
identify the factors that that will result in a conviction for aggravated burglary;
Key Cases
Burglary
Actus Reus
R v Collins [1972] 2 All ER 1105
R v Brown [1985] Crim LR 212
R v Ryan [1996] Crim LR 320
B and S v Leathley [1979] Crim LR 314 (Crown Ct)
R v Jones & Smith [1976] 3 All ER 54
Mens Rea
Attorney-General's Reference (Nos.1 & 2 of 1979) [1979] 3 All ER 143
Aggravated Burglary
R v O’Leary (1986) 82 Cr App R 341
R v Francis [1982] Crim LR 363