burglary

Question 1

what was the definition of a building contained in Stevens v Gourley (1859)

Answer 1

a structure of considerable size and intended to be permanent or at least to endure for a considerable time

Question 2

explain S9(1)a of burglary from TA 1968 - the actus reus
(give the 3 ulterior offences)

Answer 2

a person is guilty of burglary if he enters any building or part of a building as a trespasser and with the intent of:
- stealing anything in the building or part of a building
- inflicting on any person GBH
- doing unlawful damage to the building

Question 3

explain S9(1)b of burglary from TA 1968 - the actus reus
(give the 2 ulterior offences)

Answer 3

a person is guilty of burglary if they have entered any building or part of a building as a tresspasser and he:
- steals or attempts to steal anything in the building or that part of it
- inflicts or attempts to inflict on any person therein any GBH

Question 4

what are the differences between s9(1)a & s9(1)b

Answer 4

s9(1)a: have to have the intent on entry
s9(1)b: has no unlawful damage, has developed intention (“having entered”)

Question 5

give a few examples of what is considered a building and what buildings bring up issues

Answer 5

houseboats, caravans, sheds
however temporary structures used for storage/offices bring up issues on what is considered a building

Question 6

give a couple of examples of what is considered part of a building

Answer 6

individual hotel rooms, individual student accomodation rooms in halls of residence

Question 7

briefly explain the 2 ways the prosecution can prove that the D was a tresspasser

Answer 7

• must prove D knew he was tresspassing or was subjectively reckless as to whether he was.
  subjectively reckless meaning D knew that there was a risk that he/she was trespassing
• if D goes beyond the permission to enter (e.g. If someone enters shop with intention to steal he/she goes beyond permission on entry)

Question 8

what parts of s9(1)a are the mens rea element?

Answer 8

• “with the intent”
• “stealing anything”
• “inflicing GBH on any person”
• “doing unlawful damage”

Question 9

what parts of s9(1)b are the mens rea element?

Answer 9

• “having entered”
• “steals or attempts to steal”
• “inflicts or attempts to inflict any GBH”

Question 10

what is conditional intent?

Answer 10

under s9(1)(a) where D is entering to steal anything which he can find taht is worth stealing