Burglary Flashcards
What is the difference between S9(1)(a) and S9(1)(b) BURGLARY?
S9(1)(a): Trespasses with intent to steal, inflict GBH, cause unlawful damage.
S9(1)(b): Trespasser commits or attempts to commit theft or inflict GBH.
What is the AR for S9(1)(a)?
The entry of a building or prt of a building as a trespasser.
What is the definition of a building?
“A structure of considerable size and intended to endure a considerable time.”
What’s the definition of a trespasser?
Somebody who enters a building, or prt of a building, without permission, it includes entering with permission but going beyond that permission.
When is the AR complete?
On entry.
What is the MR for S9(1)(a)?
Intention or subj recklessness as to entering as a trespasser, plus intention at the point of entry to steal, inflict GBH or unlawful damage.
What is enough to satisfy the MR in S9(1)(a)?
Conditional intent- D doesn’t know exactly what they’ll steal, inflict GBH to or cause unlawful damage to, but if they see something/someone they’ll do it.
What is the AR for S9(1)(b)?
The entry of a building or part of a building as a trespasser plus committing or attempting to commit theft or GBH.
What is the MR for S9(1)(b)?
Intention or subj recklessness as to entering as a trespasser, plus the mens rea of theft or inflicting GBH.
