burglary

Question 1

what is the actus reus for burglary
number 1

Answer 1

• under s 9(1)(a) of the theft act 1968

entry of a building or part od a building as a trespasser with the intent to steal, inflict, gbh or cause unlawful damage

Question 2

what is the actus reus for burglary

number 2

Answer 2

under s 9(10(b) theft act 1968

having entered as a tresspasser, defendant commits or attempts to commit theft or gbh

Question 3

what is the test for burglary

Answer 3

brown - effective entry is a question of fact for the jury
Ryan - entry can be partial, such as just the head and arm inside while body is outside, and still be sufficient for burglary

Question 4

what counts as a building or part of a building under the theft act 1968

Answer 4

s 94 - a building can be any place that can be inhabited, including outbuildings

walkington - areas of a building where the person doesn’t have permission such as. behind a shop counter, can count as part of a building

Question 5

how is a tresspasser defined in bulgary cases

Answer 5

• jones and smith

d must know or be subjectively reckless as to whether they’re a tress-are, if they have permission or a license to enter, they aren’t considered a trespasser

Question 6

what is the mens rea for burglary under section 91a

Answer 6

intent to commit theft, gbh or criminal damage at the time of entry

Question 7

what is the mr for. bulgary under s91b of the theft act 1968

Answer 7

• intent to commit or attempt theft, gbh, attempted theft or attempted gbh after entering as a tresspasser

Question 8

what’s level of recklesses is required for tresspassing in bulgary cases

Answer 8

• the d must either either know or be subejctively reckless as to whether they are tresspasser