Burglary

Question 1

what is burglary defined as?

Answer 1

entering a building as a trespasser

Question 2

what is burglary governed under?

Answer 2

S9 Theft Act 1968

Question 3

what does S9.1.a say?

Answer 3

D enters any building or part of a building as a trespasser with intent to steal, inflict GBH or unlawful damage.

Question 4

what does S9.1.b say?

Answer 4

Having entered any building or part of a building as a trespasser, D steals or attempts to steal, or inflicts GBH or attempts to inflict GBH

Question 5

what 4 areas can burglary be split into?

Answer 5

1. entry
2. building
3. trespass
4. mens rea

Question 6

what is ‘entry’?

Answer 6

‘any insertion of the defendant’s body’

Question 7

what case example can be used for ‘entry’?

Answer 7

Ryan - D tried to enter a building but got his head and arm trapped in the window. Guilty.

Question 8

what does ‘building’ mean?

Answer 8

‘fairly permanent and considerable size for a considerable period of time’

Question 9

what case example can be used for ‘building’?

Answer 9

Walkington - D went behind the till in a department store. Guilty.

Question 10

what does ‘trespass’ mean?

Answer 10

1. no permission
2. permission to be in one area but ventured to somewhere prohibited
3. permission to enter but exceeds given permission

Question 11

what case example can be used for ‘trespass’?

Answer 11

Collins - D entered a woman’s bedroom and had sex with her. She realised it wasn’t her boyfriend so charged him with rape. Because she invited him in he was not a trespasser so not guilty.

Question 12

what is the mens rea of burglary?

Answer 12

1. intention to enter as a trespasser
2. intention for the final offence