Burglary

Question 1

R v Ryan

Answer 1

‘Entry’ is a question of fact for the jury to decide on a case by case basis

Question 2

B and S v Leathley/Norfolk Constabulary v Seekings and Gould

Answer 2

A building is something that has a degree of permanency

Question 3

S9(4)

Answer 3

‘Building’ applies to dwellings as well as an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is

Question 4

R v Laing

Answer 4

A separate room counts as part of a building

Question 5

R v Walkington

Answer 5

Behind a counter counts as part of a building

Question 6

R v Smith and Jones

Answer 6

Trespassing is when someone enters in excess of permission

Question 7

R v Collins

Answer 7

D must either know (intention) that he does not have permission to enter (for that purpose) or he must realise that there is a chance that he does not have such permission but enter anyway

Question 8

S9(1)(a)

Answer 8

The defendant must intend to do one of three ulterior offences when entering listed in S9(2): theft, GBH, or criminal damage

Question 9

Att. Gen Ref (1 and 2 of 1979)

Answer 9

Conditional intent is sufficient

Question 10

S9(1)(b)

Answer 10

D must actually commit a theft or inflict GBH or attempt to commit either one inside the building