Burglary

Question 1

How is burglary defined?

Answer 1

Burglary is when a trespasser enters a building with intent to steal or cause damage upon entry or attempts to afflict previous bodily harm on anybody

Question 2

How is entry defined?

Answer 2

Entry is not defined within the act so it must be a common sense decision for the jury to decide if they entered

R V Ryan

Question 3

What the rule with buildings or part of a building?

Answer 3

There could be burglary to a whole building or only part of a building where D does not have permission to enter

R V Walkington

Question 4

What is the rule with trespassers?

Answer 4

It could be that D does not have permission tented the building at all.
Licensees are those with temporary permission
Trespassing could also be going beyond that lawful permission
R V Collins

Question 5

What is the rule with trespassing?
mens rea

Answer 5

D must either know that they are trespassing ( intent) to be reckless when doing so

Question 6

What is the rule of s9 (1)(a)

Answer 6

requires proof that D intended to steal, inflict GBH or cause criminal damage upon point of entry

Question 7

What is the rule of s9 (1) (b)

Answer 7

requires proof that D has the mens rea for theft or GBH having entered the building