burglary

Question 1

what section is burglary under in the theft act

Answer 1

9

Question 2

what are the two offences of burglary

Answer 2

section 1 a and b

Question 3

what is the definition of section a

Answer 3

a person is guilty of burglary if they enter any building or part of a building as a trespasser with intent to steal or to inflict or attempt to inflict previous bodily harm or to do unlawful damage

Question 4

what is the definition of section b

Answer 4

a person is guilty of burglary if having entered any building or part of a building, they steal or attempt to steal or inflict or attempt to inflict GBH

Question 5

what is the difference between the two offences

Answer 5

section a has intent and section b doesn’t meaning in cases of section b they will just suddenly decide to do it

Question 6

what are the different elements of acts refs of burglary

Answer 6

enters
building or part of body
trespasser

Question 7

what is the acts reus of burglary

Answer 7

defendant must enter a building or part of building as a trespasser

Question 8

what is the definition of enters

Answer 8

actus reus will be obvious e.g. someone broken into a house to steal property
entry can also include entering into a building b just a body part

Question 9

what case relates to enters

Answer 9

R v Ryan 1996

Question 10

what happens in he case R v Ryan 1996 relating to enters

Answer 10

D entered a building with inly head and one arm convicted of burglary- LP- entry could involve part of the body and does not depend on whether enough body was inside

Question 11

what is the definition of building

Answer 11

should be reasonably permanent and include outbuildings
may also include inhabited vehicles if they are beings used as dwellings

Question 12

what is the case that relates to building

Answer 12

R v walkington 1979

Question 13

what happens in the case R v Walkington 1979 relating to building

Answer 13

d noticed till partly open in shop- he went behind counter- convicted of burglary-LP- lawful customer becomes trespasser when entering somewhere unauthorised

Question 14

what is the definition of trespasser

Answer 14

a person entering a building is not a trespasser if owner has not given permission to be there

Question 15

what case relates to trespasser

Answer 15

R v Collins 1972

Question 16

what happens in the case R v Collins 1972 relating to trespasser

Answer 16

D saw open window and there was naked girl sleep, he got a ladder and girl encouraged him in thinking it was her boyfriend and they slept together- LP- id defendant honestly believed he had consent they cannot be a trespasser

Question 17

what is the mens rea of burglary

Answer 17

the defendant must know or be reckless as to whether they are a trespasser

Question 18

what does section 9 1 a have to have for the mens rea

Answer 18

intention to commit one of the offences

Question 19

what does the defendant must have inorder to have the mens rea for section 9 1 b

Answer 19

have the mens rea for theft or GBH

Question 20

what is the maximum sentence for burglary of a dwelling

Answer 20

14 years

Question 21

what is the maximum sentence for burglary not a dwelling

Answer 21

10 years