Burglary

Question 1

what is the definition of s.9(1)(a)?

Answer 1

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

Question 2

what is the definition of s.9(1)(b)?

Answer 2

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

Question 3

what does defendant must enter mean and the cases involved?

Answer 3

must be effective (Ryan)
can include limbs (brown)
can use an object to enter

Question 4

what is a building and or a part of building according to burglary?

Answer 4

must be some degree of permanence to be a building (leathery)
s.9(4) inhabited vehicles and vessels
part of a building is where the d must trespass if they don’t have permission to enter that part of the building (walkington)

Question 5

what is a trespasser?

Answer 5

entering a building without permission (collins) and or exceeds permission

Question 6

what is the mens rea for s.9(1)(a)

Answer 6

intention or recklessness to enter- knowing the risk and taking it anyway

Question 7

what is the mens rea for GBH?

Answer 7

s.18 intent to cause some harm
s.20 intent or recklessness to cause some harm

Question 8

what are the 2 mens rea for theft?

Answer 8

dishonestly
intention to permanently deprive

Question 9

what is the Mens rea for criminal damage?

Answer 9

intention or recklessness to damage or destroy property belonging to another

Question 10

what is the mens rea for s.9(1)(b)?

Answer 10

theft- ITPD and Dishonestly
GBH- s.18, s.20