64 Questions
A person who has entered a building as a trespasser and intends to commit theft, but does not actually steal anything, can be guilty of Type A burglary.
True
The maximum sentence for burglary of a dwelling is 10 years in a Crown Court.
False
A person who enters a building as a trespasser and commits GBH on a person in the building can be guilty of Type B burglary.
True
The base offence of burglary requires the defendant to have an intention to commit an offence before entering the building.
False
The defendant's intention to have sex with the victim can be considered as an intention to commit an offence under Section 9 of the Theft Act.
True
Physical entry into the building is not required for the base offence of burglary.
False
In a Type B offence, the ulterior offence must be fully committed before the AR is complete.
True
For aggravated burglary, the listed weapon must be used during the commission of the burglary.
False
Criminal damage can only be tried in a Crown Court.
False
Under the Criminal Damage Act 1971, the destruction or damage of wild mushrooms and flowers is criminal damage.
False
A person can be guilty of criminal damage by temporarily undermining the usability of property.
True
The cost of repair is not a relevant factor in determining criminal damage。
False
A person can criminally damage their own property.
False
Under the Criminal Damage Act 1971, a person can criminally damage intangible property or things in action.
False
For criminal damage, the prosecution must prove that the defendant intended to destroy property.
False
A person can be guilty of criminal damage for damaging property co-owned with someone else.
True
In the scenario where V mistook D for her boyfriend, invited him in, and had sex, D was charged with burglary due to the lack of effective entry.
False
According to R v Brown, only a full or substantial entry into the property is considered an effective entry.
False
Using tools to gain entry into a property does not count as an entry.
False
A building or part of a building, as defined in S9(1), excludes inhabited vehicles or vessels.
False
A trespasser is someone who has explicit permission to enter a property.
False
For Type A burglary, the ulterior intent to commit another offence must be specific to a particular property or item.
False
According to the law, intent or recklessness as to property belonging to another is required for criminal damage.
True
A person can be charged with criminal damage even if they have a lawful excuse.
False
Intent or recklessness as to endangering life via damage to property is required for aggravated criminal damage.
True
Arson requires only recklessness as to causing damage by fire.
True
Belief in consent is not a lawful excuse for criminal damage.
False
Jaggard v Dickinson established that a mistaken belief in consent is not a lawful excuse.
False
The right to protect property, rights or vested interests is not a lawful excuse for criminal damage.
False
R v Hunt established that the need for protection of property must be objectively assessed.
True
R v Hill established that a reasonable belief in the need for protection of one's own property is not a lawful excuse.
True
The law requires an objective test to determine whether an act amounts to protection of property.
True
What is the maximum sentence for burglary of a dwelling in a Crown Court?
14 years
What is required for the base offence of burglary?
Effective trespass
What is the difference between Type A and Type B burglary?
Type A requires ulterior intent, while Type B requires physical entry
What is the minimum requirement for the result of the base offence of burglary?
Effective entry into the building
What is required for the circumstance of the base offence of burglary?
D is a trespasser
What is the significance of R v Collins in the context of burglary?
It established that entry must be effective, and intent to enter is not sufficient
In which scenario would a person be considered a trespasser?
When they exceed the scope of their permission to enter
What is required for a Type A burglary?
An intention to commit a property offence, such as theft or criminal damage
What is the significance of the case R v Collins?
It established that a person can be a trespasser even if they have permission to enter
What is the definition of a 'building' in S9(1) of the Theft Act?
Permanent dwellings, workplaces, part-built constructions, and inhabited vehicles or vessels
What is the requirement for the entry to be considered effective in burglary?
The defendant must enter any part of their body into the building
What is the significance of the case R v Ryan?
It established that a person can be guilty of burglary even if they only partially enter the building
What is the essential element required for criminal damage, as per R v Smith?
Intent or knowledge that the property belongs to another
What is the requirement for aggravated criminal damage under s1(2) of the Criminal Damage Act 1971?
Intent or recklessness as to endangering life via damage to property
What is the key element in the defence of 'belief in protection of property, right or vested interest' under s5(2)(b) of the Criminal Damage Act 1971?
The need for protection must be immediate
In R v Hunt, what was the court's decision regarding the defendant's actions?
The defendant's actions were considered unreasonable
What is the requirement for arson under the Criminal Damage Act 1971?
Intent or recklessness as to causing damage by fire
In R v Steer, what was the outcome of the defendant's conviction?
The conviction was overturned
What is the defence under s5(2)(a) of the Criminal Damage Act 1971?
Belief in consent
In R v Denton, what was the outcome of the defendant's case?
The defendant was acquitted
What is the requirement for criminal damage under s1(1) of the Criminal Damage Act 1971?
Intent or recklessness as to destroying property
In Jaggard v Dickinson, what was the outcome of the defendant's defence?
The defence was accepted
What is required for a person to be guilty of aggravated burglary under S10?
Committing any burglary and at the time having any firearm or imitation firearm, any weapon of offence or any explosive
What is the requirement for the ulterior offence in Type B burglary?
At least one ulterior offence to be fully committed
What is the mens rea requirement for criminal damage under S1 of the Criminal Damage Act?
Intention or recklessness as to whether property would be destroyed or damaged
What is the definition of 'property' under the Criminal Damage Act 1971?
Mostly overlaps with property under the Theft Act 1968, but with some key differences
What is the requirement for 'belonging to another' under S10(2) of the Criminal Damage Act?
Any of the above
What is the difference between AR and MR for the ulterior offence in Type B burglary?
AR is the conduct and MR is the voluntariness
What is the requirement for the listed weapon in aggravated burglary?
The listed weapon must be present at the time of the burglary
What is the difference between criminal damage and theft?
Theft can only be committed against property that can be physically taken
What is the maximum sentence for aggravated burglary under S10?
Life imprisonment
What is the requirement for 'property' in relation to criminal damage?
It cannot be wild mushrooms or flowers
Study Notes
Burglary
- Definition: Section 9 of the Theft Act 1968, triable either way, maximum sentence 14 years for burglary of a dwelling.
- Two types of burglary:
- Type A: Entry as a trespasser with intent to commit another offence (theft, GBH, or criminal damage)
- Type B: Entry as a trespasser, followed by the commission of another offence (theft, GBH, or attempted theft/GBH)
Actus Reus (AR) and Mens Rea (MR) for Burglary
- Base Offence:
- AR: Entry into a building or part of a building
- MR: Intent or recklessness as to entry as a trespasser
- Ulterior Elements (Type A and Type B):
- AR: Intent to commit another offence (theft, GBH, or criminal damage) or AR for theft or GBH (after entry)
- MR: Intent or recklessness as to entry as a trespasser and MR for theft or GBH (after entry)
Entry as a Trespasser
- Definition: Entry without permission from the owner or a legal authority
- Can be a trespasser by exceeding permission (e.g., permission to enter for a specific purpose)
Trespasser (Type A and Type B)
- AR: Entry into a building or part of a building without permission
- MR: Intent or recklessness as to being a trespasser
Ulterior Intent (Type A)
- Intent to commit another offence (theft, GBH, or criminal damage) once inside
- No need for MR or AR for the ulterior offence
- Correspondence principle: Ulterior intent must coincide with AR for Type A burglary
Building or Part of a Building
- Definition: Permanent dwellings, workplaces, part-built constructions
- Inhabited vehicles/vessels are considered buildings
- Freezer containers can be considered buildings if disconnected from a lorry
Defences to Criminal Damage
- Defence without lawful excuse (Section 5(2))
- Belief in consent (Section 5(2)(a))
- Belief in protection of property, right, or vested interest (Section 5(2)(b))
Arson
-
Definition: Destroying or damaging property by fire, endangering life
-
MR: Intent or recklessness as to causing damage by fire### Criminal Damage
-
Intent or recklessness as to property belonging to another
-
Intent or knowledge that the property belongs to another
-
Recklessness as to who the property belongs to
Property Belonging to Another
- R v Smith: fixed panels on a rented flat became the ownership of the landlord, and when the defendant took them down, he was charged with criminal damage but was acquitted due to honest belief that they were his
Criminal Damage Endangering Life
- S1(2) of the Criminal Damage Act: destroys or damages property with intent to endanger life or being reckless as to whether life would be endangered
- R v Steer: firing a shot at an ex-business partner's house, causing minor damage, was not considered endangering life, and the conviction was overturned
Arson
- Destroying or damaging property by fire
- Requires intent or recklessness as to causing damage by fire
- Other kinds of damage that unexpectedly result in fire would not be considered arson
Defences to Criminal Damage
- Defence without lawful excuse: S5(2) clarifies lawful excuses available
- Belief in consent: S5(2)(a)
- R v Denton: the defendant set fire to his employer's property, claiming the employer made him do it, but the employer's criminal intention could not make the defendant's actions a crime
- Jaggard v Dickinson: the defendant had permission to treat the victim's house as her own, but mistakenly broke into the wrong house, and her defence under S5(2)(a) was accepted
- Belief in protection of property, right, or vested interest: S5(2)(b)
- R v Hunt: the defendant set fire to an old age home to prove a point about fire safety, but the court held that the need for protection must be objectively justified
- R v Hill: the defendant used a hacksaw to cut through a military base, claiming it was to protect her own property from Soviet missiles, but the court held that the danger was not immediate enough
Ulterior Offences
- Type B only: S9(1)(b) requires at least one ulterior offence to be fully committed (theft, attempted theft, GBH, or attempted GBH)
- AR for ulterior offence Type B only: includes AR for theft, GBH, attempted theft, or attempted GBH
- MR for ulterior offence Type B only: includes MR for theft, GBH, attempted theft, or attempted GBH
Aggravated Burglary
- S10: commits any burglary and has a firearm, imitation firearm, weapon of offence, or explosive at the time
- Weapon of offence is broadly defined under S10(1)(b)
- Must have the weapon at the time of the burglary (Type A or B)
- Indictable offence, max sentence of life
Criminal Damage Act
- S1: destroys or damages property belonging to another with intent or recklessness
- Triable either way, max sentence of 10 years
Conduct, Circumstance, and Result
- Conduct AR: conduct that causes the result
- Conduct MR: voluntariness
- Circumstance AR: what is damaged or destroyed is property belonging to another
- Circumstance MR: intention or recklessness
- Result AR: damage or destruction
- Result MR: intention or recklessness
Test your knowledge of property offences, specifically burglary and criminal damage. Learn about the definitions, statutory offences, and sentences related to these crimes.
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