Burglary Flashcards
1
Q
How is burglary defined (2)
A
S9(1)(a)- enters a building or part as a trespasser with intent to commit crime
S9(1)(b)- entered a building or part of building then steals or attempts to steal
2
Q
Actus reus
A
- entry
- of a building or part of a building
- as a trespasser
3
Q
Entry
A
Entry must be significant but not complete
R v Brown
R v Ryan
4
Q
Building or part of a building
A
S.9(3) does not define building
Rodmell
B&S leathley
Norfolk constabulary v Seekings & Gould
Walkington
5
Q
A
6
Q
As a trespasser
A
They have to either know they are a trespasser or reckless as to if they are
Smith & Jones
7
Q
Mens rea
A
Look at the time of entering and this decids s.9(1)(a) or s.9(1)(b)
