Burglary

Question 1

Section and Act

Answer 1

Section 9 of the Theft Act 1968

Question 2

Actus rea

Answer 2

There needs to be an entrance to a building or part of a building as a trespasser

Question 3

R v Brown

Answer 3

Entry need not be complete but must be effective

Question 4

R v Ryan

Answer 4

Changed R v Brown to
Entry need not be complete nor effective

D broke into someone’s house going through their window but got stuck half in half out still a valid entry

Question 5

B and S v Leathley

Answer 5

A freezer being used as a storage container was held to be a building

Question 6

R v Seekings and Croulds

Answer 6

A lorry trailer being used as a storage container was still a vehicle

Question 7

R v Walkington

Answer 7

You can be a lawful visitor in one part of the building but become a trespasser in another

Question 8

R v Jones and Smith

Answer 8

You can go beyond your permission to be there and become a trespasser

Question 9

Mens rea

Answer 9

For both S.9(1)(a) and S.9(1)(b), the defendant must know or be subjectively reckless as to whether they are trespassing

Question 10

S.9(1)(a)

Answer 10

For S.9(1)(a) the defendant must have the intention to commit one of the three offences theft, GBH or criminal damage at the time of entering the building (includes when the D enters intending to steal anything they can find which is worth taking even if there is nothing worth taking and they do not actually steal anything)

Question 11

S.9(1)(b)

Answer 11

you do not enter with intention to do anything in particular

Once entered as a trespasser the D must also have the mens rea for theft or GBH when committing (or attempting to commit) the actus rea of one of these offences