Burglary

Question 1

Origin

Answer 1

s9 Theft Act 1968
-triable wither way
-14yrs for house/10yrs for building

Question 2

s10

Answer 2

Aggravated burglary

Question 3

Actus Reus

Answer 3

-entry
-building or part of
-trespasser

Question 4

Mens Rea

Answer 4

s9(1)(a)
s9(1)(b)

Question 5

Entry

Answer 5

-collins: ladder into room, effective and substantial
-Brown: be effective
-Ryan: up to jury to decided on case facts, stuck in window

Question 6

Building or part of

Answer 6

not defined/wide application/house/flat
-B+S v Leathley: building as no wheels
-R v Walkington: shop, D had permission to be in one area but not the other

Question 7

Trespasser

Answer 7

-Collins: permission so not trespasser
-R v Smith and Jones: exceeded permission

Question 8

s9(1)(a)

Answer 8

he enters any building as trespasser with intent to steal, inflict GBH, unlawful damage
-intend to do 1 of 3, doesn’t have to be successful

Question 9

s9(1)(b)

Answer 9

having entered a building as a trespasser, attempt to steal, GBH
-Ds intention on entry is irrelevant, only matters where D committed or attempted
-requisite MR

Question 10

Mens Rea for burglary

Answer 10

-subjective recklessness
-D must know they are a trespasser

Question 11

Difference between A and B

Answer 11

difference is intention at the time of entry