Burglary Notes (Offenses Against The Property)
Burglary Notes (Offenses Against The Property)
Author:Dajanae Dawkins
Edu Level: Unit1
Date: Jul 23 2025 - 2:58 AM
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Burglary Notes (Offenses Against The Property)
Dajanae Dawkins
All rights reserved
*Section 39 of The Larceny Act (Jamaica)
*The crime of burglary is done after 6pm-5:59 am
1.ACTUS REUS
-breaks and enters another’s house with intent to commit a felony at night
OR
-breaks out of another’s house at night having committed a felony in said house (eg: they invited you in and you leave after raping the owner)
‘Night’
-any time after 6pm and before 5:59 the next day
-if it starts during burglary hours and ends after, it is still counted
‘Breaking and entering’
-Any part of your body is found in the house
Cases:
R v Hugh; any part of the body that enters the house, is considered breaking and entering
R v Bailey
R v Jones and Smith
J and S were convicted of burglary under section 9(1)(b) of the Theft Act 1968. In the 'dead of night' they entered S's father's house and stole two television sets. At S's trial, the father gave evidence to the effect that he had given his son unreserved permission to enter his house, therefore S could not have committed the necessary trespass for burglary.
The Court of Appeal found that J and S had correctly been found guilty of burglary and dismissed their appeal. They took elaborate precautions entering the house at the dead of the night with the intention to steal, thus burglary.
2.MENS REA
-intent to commit a felony
-must have no reasonable belief that he should be there unless he has permission
3.Sentencing
-If felony committed is rape; life imprisonment
-Any other felony; max 21 years
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