Burglary

Question 1

What act and section covers burglary?

Answer 1

Theft Act 1968 – s.9(1)(a) and s.9(1)(b)

Question 2

What is the max sentence for burglary and what sort of offence is it?

Answer 2

• Maximum of 14 years
• Triable either way offence

Question 3

What is the difference between section a and b of bulgalry

Answer 3

A is where intent comes PRIOR to the D tresspassing the building

B is when the intent to commit a further crime comes after D has trespassed

Question 4

What is the definition of Burglary from under s.9(1)(a)

Answer 4

A person is guilty of burglary under s.9(1)(a) if he:
enters a building, or any part of a building, as a trespasser, with intent to either: commit theft, inflict GBH on any person in the building, or commit criminal damage.

Question 5

What is the Actus reus of burglary under s.9(1)(a)

(3 elements)

Answer 5

• entry – R v Collins (1973),
• building or part of a building

building - B and S v Leathley (1979),
part of a building - Walkington (1979)

• as a trespasser – Walkington (1979),

permission to enter - Collins (1972),

Question 6

What are the two elements of mens rea of burglary

Answer 6

• intention or recklessness as to trespass
• intention to commit theft, grievous bodily harm or damage to the building or its contents.

Question 7

What is the definition of Burglary from under s.9(1)(b)

Answer 7

A person is guilty of burglary under s.9(1)(b) if, having entered a building or part of a building as a trespasser, he steals, attempts to steal anything in the building or inflict or attempts to inflict GBH on any person in the building.

Question 8

What is the actus reus of Burglary under section 1(b)

Answer 8

• Entry - R v Collins (1973),
• building or part of a building

building- B and S v Leathley (1979),
part of a building - Walkington (1979)

• as a trespasser - Walkington (1979),
  permission to enter - Collins (1972),

once in the building, actus reus of theft or grievous bodily harm, or attempt theft/ grievous bodily harm therein.

Question 9

What is the mens rea of Burglary under section 1(b)

Answer 9

• intention or recklessness as to trespass
• mens rea for theft or grievous bodily harm or attempt theft / grievous bodily harm towards someone in the building