1B - Burglary

Question 1

s.9 (1)(a) - actus reus

Answer 1

• enters
• any building or part of a building
• as a trespasser

Question 2

s.9 (1)(b) - actus reus

Answer 2

• enters
• any building or part of a building
• as a trespasser
• actus reus of theft/GBH or attempted theft/GBH

Question 3

s.9 (1)(a) - mens rea

Answer 3

• knowledge or reckless as entering as a trespasser
• intention to commit one of the offences in s.9(2)
  
  • stealing
  • inflicting GBH
  • unlawful damage to the building or to anything therein
• intention at the time of entry

Question 4

s.9 (1)(b) - mens rea

Answer 4

• knowledge or reckless as entering as a trespasser

- men’s rea for theft/GBH or attempted theft/GBH and intention is established after entry

Question 5

s.9 (2)

Answer 5

Used to include intention to rape - replaced in Sexual Offences Act 2003

Question 6

‘entry’

Answer 6

Not defined in the act

- Brown/Ryan

Question 7

‘building or part of a building’

Answer 7

Building itself isn’t defined
s.9 (4) - dwelling includes: ‘inhabited vehicles and vessels’ whether or not there is somewhere in there at the time. It also extended the meaning of buildings to include houseboats (R v Coleman) and caravans (R v Rodmell)
Unfixed uninhabited structures - eg portacabins
- B and S v Leathley / Seeking and Gould

Question 8

Sentencing of burglary

Answer 8

Dwelling - max 14 years

Non - dwelling - max 10 years

Question 9

‘as a trespasser’

Answer 9

Where a person goes beyond their permission then they have trespassed - Collins / Walkington

Question 10

s.9 (1)(a) - mens rea - intention

Answer 10

• direct intention (Mohan) upon entry

- conditional intent - going in to see what they can find. This is sufficient enough (Walkington)

Question 11

s.9 (1)(b) - mens rea - intention

Answer 11

• mens rea for the theft/GBH or attempted theft/GBH
• recklessness isn’t enough so s.20 OAPA 1861 isn’t sufficient for burglary
• conditional intent is not enough - Easom