Buglarly

Question 1

Where is the legal definition of burglary found?

Answer 1

Burglary is defined under S.9 of the Theft Act 1968.

Question 2

What are the two types of burglary?

Answer 2

‘S.9(1)(a) burglary : Entering a building as a trespasser with intent to commit theft, GBH, or criminal damage.

S.9(1)(b) burglary,: Entering a building as a trespasser and then committing or attempting theft or GBH.

Question 3

What are the three actus reus elements of burglary?

Answer 3

1. Entry
2. Building or part of a building
3. Trespassing

Question 4

What counts as “entry” for burglary?

Answer 4

. Entry is not defined in the Theft Act but case law states:
• R v Brown(argos case) – Entry must be effective Part of your body being in the building is enough.
• R v Ryan – Even partial entry counts.

Question 5

. What counts as a “building” in burglary? Basics and specific cases

Answer 5

So you have your basics houses, blocks of flats, offices, shops, factories,
warehouses etc. are classed as buildings
But caseS have shown that

•B & S v Leathley – A 40ft freezer container was a building.

•Norfolk Constabulary v Seeking and Gould – A lorry trailer was not a building.

• R v Walkington – “Part of a building” includes restricted areas

Question 6

When is a person considered a trespasser? And cases

Answer 6

When they enter without permission.
When they exceed their permission.

R v Jones & Smith – D exceeded permission by stealing from his father’s house.

R v Walkington-. he was not allowed in that ‘part’ of the building and therefore was
a trespasser.

Question 7

What are the two elements of the mens rea of burglary? For s.9(1)(a)

Answer 7

1. Intention or recklessness as to trespassing.
2. Intention for theft, GBH, or criminal damage (S.9(1)(a))

Question 8

What are the two elements of the mens rea of burglary? For s.9(1)(a)

Answer 8

1. Intention or recklessness as to trespassing.
2. The D must have conditional intent before entering to commit one of the following ulterior offences:
   1. Theft
   2. GBH
   3. Criminal damage
      It doesn’t matter if the offence is completed; intent alone is sufficient.

Question 9

What is the mens rea for S.9(1)(b) burglary?

Answer 9

1. Intention or recklessness as to trespassing.
2. After entering, the D must attempt or commit one of the following offences:
3. Theft
4. GBH
   The mens rea for these offences comes after entering the building, not before.

Question 10

What must the prosecution prove about the defendant’s trespassing?

Answer 10

That the defendant:

•Knew they were trespassing (Mohan – direct intent).
•Was reckless about trespassing (Cunningham – recklessness)

Question 11

How to conclude an answer for. Buglarly

Answer 11

Conclude whether a S.9(1)(a) or S.9(1)(b) burglary has been committed, with reference to any key issues already discussed.