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Criminal Law: Property Offences

Burglary: entry, trespass and buildings

  • 3 things to know
  • A2 Units 3 and 4

Overview

Three elements common to both forms of burglary and entry is required.

What you need to know

Answer each one before you reveal it.

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Key term

Which section of the Theft Act 1968 creates burglary?

Key term

Name the three elements common to both forms of burglary.

Numbers

What kind of entry is required for burglary?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Which section of the Theft Act 1968 creates burglary?

    Model answer

    Section 9 creates burglary in two forms, under section 9(1)(a) and section 9(1)(b).

  2. 2

    Name the three elements common to both forms of burglary.

    Model answer

    An entry, into a building or part of a building, as a trespasser.

  3. 3

    What kind of entry is required?

    Model answer

    The entry must be effective, and R v Brown (1985) upheld a conviction where the defendant leaned through a shop window with his feet on the ground, because his entry was effective.

  4. 4

    What did R v Collins (1973) require of an entry?

    Model answer

    The court required an effective and substantial entry, and the conviction was quashed because it was unclear whether the defendant was still on the sill or already inside when he was invited in.

  5. 5

    Can a defendant enter without getting their whole body inside?

    Model answer

    Yes, R v Ryan (1996) upheld a conviction where the defendant was trapped in a window with only his head and arm inside, leaving entry as a question for the jury.

  6. 6

    Can entry be effected by an instrument?

    Model answer

    Yes, inserting an implement to hook property out has been treated as an entry, provided the instrument is used for the purpose of the intended offence rather than merely to gain access.

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