Burglary

Question 1

What is the test for burglary?

Answer 1

1. D. enters
2. A building/part thereof
3. As a trespasser
4. Knows/realises he might be trespassing
5. (1a only) D. intends to commit theft/GBH/Crim. Dam.
6. (1b only) D. commits or attempts to commit theft or GBH.

Question 2

In ‘as a trespasser’, D. exceeds his permission if:

Answer 2

• He has done something he shouldn’t have whilst in the building/part thereof.
• He has gone somewhere in the building he was not permitted to go.
• Ge forms the intention to do crime whilst in the building/part thereof.

Question 3

What if one or more of the elements of theft were unsuccessful?

Answer 3

Then D. has ‘attempted theft’

Question 4

What is under ‘Knows/realises he might be trespassing’?

Answer 4

• Does D. know he does not have permission to be there?
• Does D. realise he might not have permission to be there? (D. feels uneasy about being there)