Burglary

Question 0

1 entry

Answer 0

D must enter the property. Not defined in theft act so COLLINS

Entry did have to be substantial and effective but no longer the case. BROWN RYAN

Question 1

S9(1)a

Answer 1

He enters a building or any part of a building as a trespasser with intent to commit GBH criminal damage or theft

Question 2

2 building

Answer 2

A place that is actively occupied and has some degree of permanence e.g stables, flats, greenhouses.
LEATHLY
dosent include tents or mobile library
Part of a building need not be a separate room
WALKINGTON

Question 3

Trespasser

Answer 3

Being on another’s property without permission and staying there when asked to leave.
Collins.

Going beyond permission. When D is given permission to enter for one purpose and entres for another. Smith and jones

Question 4

Men’s rea. S9(1)a

Intention or recklessness as to trespass

Answer 4

D must know or suspect he is trespassing.

Question 5

D must have intention to commit one of the three ulterior offences.

Answer 5

Theft GBH or criminal damage

Question 6

S9(1)b committing an offence having entered as a trespasser

Answer 6

He is guilty if he enters as a trespasser and he steals or attempts to steal or inflicts GBH

Enter as a trespasser in 9(1)a but then commits only two of the ulterior offences.