Burglary

Question 1

s.9(1)(a)

Answer 1

Enter building as tespasser with intent to steal, inflict GBH or do unlawful damage

Question 2

s.9(1)(b)

Answer 2

Enter building as trespasser and commits theft, attempted theft, GBH or attempted GBH

Question 3

Enter

Answer 3

Interpreted by courts - can be effective or partial which doesnt even allow D to steal (ryan)

Question 4

A building

Answer 4

s.9(4) inhabited vehicles and vessels

Question 5

R v Coleman

Answer 5

Houseboats

Question 6

Rodmell

Answer 6

Garden shed

Question 7

Stevens v gourley

Answer 7

“a structure of considerable size and intended to be permanent or endure a considerable time”

Question 8

Norfolk v seekings and gould

Answer 8

not lorry trailer still on wheels

Question 9

R v Walkington

Answer 9

Includes part of building where D has permission for one area not another

Question 10

As a trespasser

Answer 10

Where D enters without permission (Express or implied)
Must prove D knew or were subjectively reckless about it
R v Collins - no trespass if D has permission
R v Smith and jones - beyond permission

Question 11

Actus reus s.9(1)(b)

Answer 11

Commit an ulterior offfence of theft, GBH or criminal damage

Question 12

Mens rea

Answer 12

Intent to trespass - d must know theyre trespassing or subjectively reckless about if they have permission - r v collins

Question 13

Mens rea s.9(1)(a)

Answer 13

Intent to commit ulterior offence on entry, no need for it to be committed
Conditional intent enough (AG’s ref (1 and 2 1979)

Question 14

Mens rea s.9(1)(b)

Answer 14

Mens rea of ulterior offence committed
No need to exist on entry