Burglary

Question 1

Where is burglary defined

Answer 1

Section 9(1) of the theft act 1968

Question 2

What’s the two types of burglary

Answer 2

S9(1)(a) and s9(1)(b)

Question 3

What’s the structure for burglary

Answer 3

1. Entry
2. Building
3. Part of a building
4. Trespasser
5. Mr

Question 4

R v Ryan

Answer 4

Entry doesn’t need to be effective, can be extent of the body

Question 5

B and S v Leathly

Answer 5

Building has to have a high degree of permanence

Question 6

Norfolk v seekings

Answer 6

Low degree of permanence isn’t a building

Question 7

S9(4)

Answer 7

Inhabited vehicles also count for buildings

Question 8

R v Laing

Answer 8

Defendant must be a trespasser at the time of entry to building

Question 9

R v walkington

Answer 9

Different parts of building that is for staff makes you a trespasser

Question 10

R v smith and jones

Answer 10

A person who has authority to enter a building for a particular purpose will become a trespasser if they enter for another purpose

Question 11

R v Collins

Answer 11

D must have the MR to be a trespasser

Question 12

Ag ref (no 1 and 2 of 1979)

Answer 12

Burglar can have conditional intent