Buglary

Question 1

What is the definition of Burglary ?

Answer 1

Defined under s9 of the Theft Act 1968 to be convicted of their s9(1)(a) or s9(1)(b). There are common actual reus elements which are D needs to enter a building or part of a building as a trespasser.

Question 2

What must the entry be ?

Answer 2

Must be effective (R V Brown) although a partial entry will suffice for example this could be a body part through the window (R V Ryan)

Question 3

What is a building or part of a building ?

Answer 3

Inhabited places such as houseboats or caravans. It also includes outer buildings such as sheds (R V Rodmell)

Question 4

What is a trespasser?

Answer 4

Entering without permission (R V Collins) or exceeding permission whether they knew or where reckless (R V Smith & Jones)

Question 5

What is section 9(1)(a) ?

Answer 5

Intended to steal/inflict GBH/criminal damage at point of entry this is even where they did not steal, inflict GBH or criminal damage.

Question 6

What is section 9(1)(b) ?

Answer 6

After entering D steals/commits GBH or attempts either.

Question 7

When may a person be guilty of both offences ?

Answer 7

Where they have an intention upon entry and then steal or commits GBH or attempts either of these.