3.4 Burglary

Question 1

S9(1)(a) Theft

Answer 1

Enters any building or part of a building

As a trespasser

With intent to commit

• Theft
• GBH
• Criminal damage

Question 2

What counts as entry?

Answer 2

Any part of the body
The insertion of an instrument as long as it is to enable the ulterior offence (not assisting entry)

Entry MUST be DELIBERATE

Question 3

Can someone be a trespasser under conditional entry

Answer 3

Yes if they have permission to enter to do one thing and then SID then they become a treaspasser as they do not have permission to enter for that reason

Question 4

What is not classed as a building?

Answer 4

Something which is not a permanent structure

Inhabited vehicles and vessels

Question 5

S9 (1)(b) Theft

Answer 5

Having entered
Any building or part of a building
As a trespasser

He steals or inflicts GBH

Question 6

What is the difference in entry under 9a and 9b

Answer 6

The defendant must enter as a trespasser it is not enough to become a trespasser by exceeding the condition of entry