Burglary

Question 1

s9(1)(a): theft act 1968

Answer 1

enter any building or part of a building as a trespasser with the intention to commit theft, GBH, unlawful damage.

Question 2

s9(1)(b) theft act 1968

Answer 2

enter any building or part of a building as a trespasser and commit or attempt to commit theft or GBH.

Question 3

D must enter

Answer 3

• The entry must be effective (Ryan).
• Up to the jury to decide effective entry.
• This can include D’s limbs (head/ arms) (Ryan).
• Can include using an object to enter/ this will be classed as an extension of D’s body.

Question 4

Building / part of a building

Answer 4

• Not defined in the Theft Act but there must be some degree of permanence to be a building (B&S v Leathley).
• S9(4) building included inhabited vehicles and vessels.
• If D has permission to enter a building, he will be trespassing if he enters part of that building, he does not have permission to (Walkington).

Question 5

Trespasser

Answer 5

• D enters property without permission/ legal right to be there and entry must be voluntary.
• Express/ implied permission
• D has no permission = trespasser (Collins).
Person exceeds permission by committing theft also trespasser (Smith
& Jones).

Question 6

s9(1)(a) - intention

Answer 6

Intention/ recklessness to enter as a trespasser and intent to commit theft/ GBH/ criminal damage.
Intention (Mohan)
Recklessness (Cunningham)

Question 7

MR of s9(1)(a) Intent to commit theft, GBH or damage to building/ contents

Answer 7

• Theft: s2(1) Dishonesty: not dishonest if believe of legal right (Holden).
Barton and Booth conduct dishonest by the standard of ordinary people?
  S6(1) Intention to permanently deprive (DPP v Lavender).
• GBH: S18 (Belfon). S20 (Mohan/ Cunningham).
• Criminal damage: Intent (Mohan), recklessness (Cunningham).

Question 8

s9(1)(b): intention/recklessness to enter as a tresspasser and Mr of committing theft/GBH or attempted theft or GBH after entry.

Answer 8

• Theft: s2(1) dishonesty - D not dishonest it he believes he has legal right (Holden). Barton and booth test conduct dishonest by the standard of ordinary people?
  s6(1) intention to permanently deprive (dpp v lavender)
• GBH: s18 (Belfon)
• GBH s20 (Mohan) or (Cunningham)