Burglary

Question 1

What Act defines burglary

Answer 1

Theft Act 1968 s.9

Question 2

Actus reus elements of burglary

Answer 2

Enter

A building or part of a building

As a Trespasser

s.9(1)(b) ONLY - commit or attempt to commit Theft or GBH once inside

Question 3

Mens rea elements of burglary

Answer 3

Intention or recklessness to trespass

S.9(1)(a) ONLY - Intention ON ENTRY to commit Theft, GBH or Criminal Damage

S.9(1)(b) ONLY - Mens rea of Theft or GBH at point of committing or attempting

Question 4

Cases for the element Enter

Answer 4

Brown
Ryan
Any type of entry is enough, effective or not.

Question 5

Cases for the element Building or part of a building

Answer 5

Gourley - “a structure of considerable size and intended to be permanent or at least to endure for a considerable time”

s.9(4) Theft Act - “Inhabited places i.e. houseboats and caravans which usually would not fall into the definition of a building”

Walkington - includes part of a building

Question 6

Cases for the element As A Trespasser

Answer 6

Collins
Smith & Jones - exceeded permission

Question 7

reminder - extra element for s.9(1)(b). What is it?

Answer 7

D must commit an ulterior offence

Question 8

Case for the element Intention or recklessness to trespass

Answer 8

Collins - must have known they were trespassing or be subjectively reckless as to trespass

Question 9

s.9(1)(a) mens rea case. When is the intention formed?

Answer 9

It is intention ON ENTRY to commit an ulterior offence.
Still guilty even if ulterior offence isn’t committed
Conditional intent included (AG’s Ref (1&2 of 1979))

Question 10

s.9(1)(b) mens rea - explain it

Answer 10

mens rea of ulterior offence
No need to have intention on entry