Burglary

Question 1

Entry

Answer 1

• was ‘effective and substantial’ entry, now changed to ‘effective entry’ (Collins).
  In this case it was held that effective did not mean you have to be in a position to commit theft (Brown/Ryan).

Question 2

Building or part of a building

Answer 2

• Includes inhabited vehicle or vessel (S.9(4)).
• Must be some permenance to the building (Steven’s v Gourleh Norfolk Constitution).
• ## Wheels will suggest it is not a building (B & S v Leathley).

Question 3

Building or part of a building

Answer 3

• Includes inhabited vehicle or vessel (S.9(4)).
• Must be some permenance to the building (Steven’s v Gourleh Norfolk Constitution).
• Wheels will suggest it is not a building (B & S v Leathley Walkington).
• There can be entry to a part of a building.

Question 4

As a trespasser

Answer 4

• If you have permission to enter, not a trespasser (Collins).
• If goes beyond permission given can be a trespasser (Smith & Jones).

Question 5

Mens Rea

Answer 5

• Must know or be subjectively reckless as to whether he is a trespasser and have the intention at the point of entry to commit theft or GBH or criminal damage. (S.9(1)(a)). Includes conditional intent to steal, where D enters as a trespasser with intent to steal if there is anything worth taking (S.9(1)(a) / AG Ref).
• must know or be subjectively reckless as to whether he is a trespasser and has the MR for theft or GBH at point of committing or attempting to commit these offences (S.9(1)(b)).