Burglary

Question 1

Where is Burglary Found

Answer 1

-Found under Theft Act S9 1968
-Two Separate Offences:

1. Section 9(1)(a) - entering a building or part of a building as a trespasser with intent to commit theft, GBH or Criminal Damage
2. Section 9(1)(b) - having entered as a trespasser, stealing or inflicting or attempting to inflict GBH

Question 2

Entry

Answer 2

Entry not defined under Theft Act 1968
-R v Brown: Entry was said to mean an effective entry
-R v Ryan: A partial entry is enough to amount to entry. If a defendant puts any part of his body within the building, this can amount to burglary

Question 3

Building or part of a building

Answer 3

Part of a building is used to cover situations where the defendant has permission to be in one part of the building and then goes into a part where they do not have permission
-R v Walkington

Question 4

As a trespasser

Answer 4

-Prosecution must prove the defendant knew that they were trespassing or were subjectively reckless to trespassing
-When a person goes beyond any permission given to them, this may amount to trespassing. R v Jones and Smith

Question 5

Mens Rea for Burglary

Answer 5

Two parts to the mens rea for burglary

1. For both s9(1)(a) and s9(1)(b), defendant must know, or be subjectively reckless, as to whether they are trespassing
   2.For s9(1)(a), D must have the intention to commit one of the three offences of theft, GBH or criminal damage at the time of entering the building. For s9(1)(b), the D must have the same but at the time of commit the acts reus for the offences