bulgary 9(1)(a)

Question 1

brown

Answer 1

D was standing on the ground , leading through the shop window , rummaging through the goods . *this was burglary as he made an ‘effective entry’

Question 2

ryan

Answer 2

D got trapped trying to get through a window. his head and right arm were inside the house but he could not reach the goods. despite it being hard to describe this as ‘effective entry’ , this was Beltran as part of his body was inside the building

Question 3

B and S v Leathley

Answer 3

this case involved a 25 foot long freezer container that has been in a farmyard for over 2 years and used as a storage facility. It had doors and a lock as was connected to the electricity supply. Is was a ‘building’

Question 4

walkington

Answer 4

the defendant went into Debenhams. he went to the counter area and opened a till. guilty of bulgary because he had entered ‘ part of a building’ (the counter area) as a trespasser with the intention of stealing. the public were not permitted in the counter area.

Question 5

Norfolk Constabulary v Seekings and Gould

Answer 5

a lorry trailer being used to storage with wheels was not held to be a building

Question 6

collins

Answer 6

after a lot to drink, D climbed a ladder and saw a naked girl sleep in bed. he went back down the ladder and took of all his clothes , the girl helped him in the have sex, thinking he was her boyfriend. D was not a trespasser as he had permission as the girl invited him in . not burglary

Question 7

smith and jones

Answer 7

smith and his friend took 2 TV sets from smith’s father’s house without his knowledge or consent. a police officer saw them. they were convicted of burglary despite the father saying that his son had general permission to enter . he went beyond the permission for the purpose of taking televisions , so guilty of burglary

Question 8

intro

Answer 8

D may be liable for burglary defined under Section 9(1)(a) of the Theft act 1968 as the entry of a building or part of a building as a trespasser , with intent to steal , inflict grievous boldly harm or cause unlawful damage

Question 9

actus rea

Answer 9

The Actus Rea is the entry of a building or part of a building as a trespasser

Question 10

effective entry

Answer 10

there must be an effective entry , set out in Brown and in Ryan

Question 11

building

Answer 11

building requires permanence as in B and S v Leathley , and can be just part of the building as in Walkington. S9(4) states that it includes inhabited vehicles or vessels eg. caravans and houseboats. Seekings and Gouldheld that a storage unit with wheels was not a building. Stevens V Gourley described a building as “a structure of considerable size and intended to endure a considerable time”

Question 12

trespasser

Answer 12

a trespasser is someone who enters a building (or part of a building) without permission, as in Collins. It includes entering with permission but then going beyond that permission, as in Smith and Jones
the actus rea is complete on entry

Question 13

mens rea

Answer 13

the mens rea is intention or subjective recklessness as to entering as a trespasser , PLUS intention at the point of entry to steal or inflict GBH or cause unlawful damage

Question 14

conclusion

Answer 14

to conclude , D will be found guilty of burglary under S9(1)(a)