Burglary

Question 1

what section does burglary come under

Answer 1

S9 theft act 1968

Question 2

under S9(1)(a) the person is guilty of burglary if…

Answer 2

they enter a building as a tresspasser with intent to commit theft, criminal damage or GBH

Question 3

under S9(1)(b) the person is guilty of burglary if…

Answer 3

they enter a building as a tresspasser atempts to/steals anything in the building and/or atempts to/inflicts any GBH

Question 4

under S9(1)(a) what is the main focus

Answer 4

the entery not the performance

Question 5

under S9(1)(b) what is the main focus

Answer 5

the performance not the entery

Question 6

what are the 3 AR for both sections

Answer 6

entry
of a building/part of a building
as a tresspasser

Question 7

how is entery usally looked at

Answer 7

as the usual deffinition of entry eg he walked into a building

Question 8

in place of full entry what kinds on entery will suffice

Answer 8

partial entery/ use of a tool

Question 9

give a cases for partial entery

Answer 9

R v Brown- Hand in a shop
R v Ryan- stuck in a window

Question 10

how do most cases use building/part of a building

Answer 10

in the normal sense

Question 11

give an example of a non typical structure and the section they come under

Answer 11

inhabited vehicles/vessles
9(4)

Question 12

what is an example of a part of a building

Answer 12

another flat you dont own
staff only room ect

Question 13

what case gives a deffinition of building/part of a building

Answer 13

Stevens v Gourley

Question 14

what is the deffinition given in Stevens v Gourley

Answer 14

‘a structure of conciderable size and intended to be perminent or at least to endure for a conciderable time’

Question 15

give a case of a structure not accepted as a building and why

Answer 15

Norfolk counstablary v seekings and gould
loory trailer- has wheels and is not inhabited

Question 16

give a case of a person walking into a restricted area

Answer 16

R v Walkingtom
a building can be determined by physical rooms or barriers

Question 17

what is the simple deffinition of a tresspasser

Answer 17

anyone on private land without the permission of the owner

Question 18

what maust d do to be a tresspasser

Answer 18

knowingly enter the building or part of the building without the knowledge or permission of the owner or someone else who can give permission

Question 19

give a case where someone is not a tresspasser

Answer 19

R v Collins
v beconed D in

Question 20

what is exceeding permission

Answer 20

when you go over your expressed or implyed permission

Question 21

give a case example of exeeding premission/unlawful entery

Answer 21

R v Jones and Smith

Question 22

what is unlawfull entery

Answer 22

when a person entered a building for an unlawfull reason will be a tresspasser

Question 23

what is the mens rea for burgalary applying to both sections

Answer 23

D must know / be subjectively reckless as to weather they are a tresspasser

Question 24

what is the second MR for s9(1)(a)

Answer 24

D must have the intention to commit the unterior offence at the time of entering the building

Question 25

what are the unterior offeces for s9(1)(a)

Answer 25

theft
criminal damage
GBH

Question 26

does need to actualy need to commit the ulterior offences to be guilty for s9(1)(a)

Answer 26

no

Question 27

if d enters the building intending to steal anything of value they could find what intent is it and would they be guilty s9(1)(a)

Answer 27

conditional intent
yes still guilty

Question 28

what is the second MR for s9(1)(b)

Answer 28

D formed the intention (MR) to commit the ulterior offence after they have entered the building/part of the building

Question 29

what are the unterior offeces for s9(1)(b)

Answer 29

theft
GBH (s20)

Question 30

does need to actualy need to commit the ulterior offences to be guilty for s9(1)(b)

Answer 30

yes