BURGLARY

Question 1

DEFINITION 1

Answer 1

S9(1)(a) Theft Act 1968: enter any building or part of a building as a trespasser with the intention to commit theft, GBH, unlawful damage

Question 2

DEFINITION 2

Answer 2

S9(1)(b) Theft Act 1968: enter any building or part of a building as a trespasser and commit or attempt to commit theft or GBH

Question 3

S9(1)(a)
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/ Brown)
- can include using an object to enter/ this will be classed as an extension of D’s body

Question 4

BUILDING/ PART IF 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 enter 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

MENS REA

Answer 6

S9(1)(a) intention/ recklessness to enter as a trespasser and intent to commit theft/ GBH/ criminal damage

Question 7

INTENTION OR RECKLESS TO ENTER AS TRESPASSER

Answer 7

Knowing = intention (Mohan)
Or
Recklessness = (Cunningham)

Question 8

INTENTION TO COMMIT THEFT, GBH OR DAMAGE TO BUILDING/ CONTENTS

Answer 8

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 9

S9(1)(b)
MEN REA

Answer 9

Intention/ recklessness to enter as a trespasser and MR of committing theft/ GBH or attempted theft or GBH after entry

Question 10

THEFT:

Answer 10

S2(1) Dishonesty: D not dishonest if believes he has legal right (Holden) Test = (Barton and Booth) conduct dishonest by the standard or ordinary people?
S6(1) intention to permanently deprive (DPP v Lavender)

Question 11

GBH:

Answer 11

MR of committing theft offence
S18 unlawfully and maliciously have intent (direct) to cause grievous bodily harm (Belfon)
S20 unlawfully and maliciously having intention (Mohan) to cause or reckless to cause (Cunningham) ‘some’ harm