Burglary Flashcards
1
Q
Definition
A
Under s9 of the theft act 1968 as D enters a building or part of one as a trespasser with intent to cause theft/GBH/criminal damage before entering (a) or after entering intends to inflict GBH or theft (b)
2
Q
What is entering?
A
No set definition and up to the jury to decide (Ryan)
3
Q
What is a building?
A
A fixed or moveable structure which also includes inhabited vehicles (walkington)
4
Q
What is a trespasser?
A
Someone who does not have permission to the building or a licensee who exceeds permission (Collins)
5
Q
What is the MR for trespasser?
A
Being aware they are a trespasser or being reckless
6
Q
What is the MR overall?
A
(A) intent before entering to inflict GBH/theft/criminal damage
(B) intent after entering to commit theft/GBH
