Burglary

Question 1

S.9(1)(a)

Answer 1

Entering a building or part of a building as a trespasser with intent to commit an offence under S.9(2)

Question 2

Entering a building or part of a building as a trespasser with intent to commit an offence under S.9(2)

Answer 2

S.9(1)(a)

Question 3

S.9(2)

Answer 3

• ‘Stealing anything in the building’
• ‘Inflicting on any person therein any GBH’
• ‘Doing unlawful damage to the building or anything therein’

Question 4

• ‘Stealing anything in the building’
• ‘Inflicting on any person therein any GBH’
• ‘Doing unlawful damage to the building or anything therein’

Answer 4

S.9(2)

Question 5

Entering a building or part of a building as a trespasser and committing or attempting to commit an offence under S.9(2)

Answer 5

S.9(1)(b)

Question 6

S.9(1)(b)

Answer 6

Entering building or part of a building as a trespasser and committing or attempting to commit any of the crimes under S.9(2)

Question 7

Ryan 1996

Answer 7

Entry must occur, even if it’s partial

Question 8

Entry must occur, even if it’s partial

Answer 8

Ryan 1996

Question 9

S.9(3)

Answer 9

The difference between a dwelling and other buildings is that a dwelling does not to have to be inhabited to count as a dwelling

Question 10

The difference between a building ‘which is a dwelling’ and other buildings is that a dwelling does not to have to be inhabited to count as a dwelling

Answer 10

S.9(3)

Question 11

S.9(4)

Answer 11

‘inhabited vehicles or vessels’ can be a building even if the person is not there at the time of entry

Question 12

‘inhabited vehicles or vessels’ can be a building even if the person is not there at the time of entry

Answer 12

S.9(4)

Question 13

a building is ‘a structure of considerable size and intended to be permanent’

Answer 13

Stevens v Gourley 1859

Question 14

Stevens v Gourley 1859

Answer 14

a building is ‘a structure of considerable size and intended to be permanent’

Question 15

Rodmell 1994

Answer 15

‘a garden shed is part of a person’s home’

Question 16

‘a garden shed is part of a person’s home’

Answer 16

Rodmell 1994

Question 17

A person can become a trespasser if they exceed their permission

Answer 17

Jones and Smith 1976

Question 18

Jones and Smith 1976

Answer 18

A person can become a trespasser if they exceed their permission

Question 19

Walkington 1979

Answer 19

A person can become a trespasser if they enter a part of the building where they are forbidden to go

Question 20

A person can become a trespasser if they enter a part of the building where they are forbidden to go

Answer 20

Walkington 1979

Question 21

S.9(1)(a) MR

Answer 21

• Intent or subjective recklessness regarding the trespass
• Intent to commit a S.9(2) offence at the time of entry

Question 22

S.9(1)(a) AR

Answer 22

Enters building or part of a building as a trespasser

Question 23

S.9(1)(b) MR

Answer 23

• Intent or subjective recklessness regarding the trespass
• Mens rea of S.9(2) offence

Question 24

S.9(1)(b) AR

Answer 24

• enters
• building or part of a buildings a trespasser
• commits S.9(2) offence

Question 25

Seekings and Gould

Answer 25

when the vehicle or vessel has wheels it does not count as a building

Question 26

when the vehicle or vessel has wheels it does not count as a building

Answer 26

Seekings and Gould

Question 27

Collins 1973

Answer 27

D must know or be reckless to trespassing

Question 28

D must know or be reckless to trespassing

Answer 28

Collins 1973