burglary

Question 1

how many ways are there to commit burglary under s9(1) of the theft act

Answer 1

2

Question 2

can both forms of burglary be committed during the same incident

Answer 2

yes

Question 3

when is a person guilty of burglary under s9(1)a

Answer 3

if he enters any building/part of a building as a trespasser with intent to

• steal
• inflict gbh
• do unlawful damage to building/anything in it

Question 4

does d need to commit any of the ulterior offences in s9(1)a to be guilty

Answer 4

no but must intend to commit at least one of them when entering

Question 5

when is a person guilty of burglary under s9(1)b

Answer 5

if having entered any part of a building as a trespasser

• he steals
• he inflicts gbh on any person in the building

Question 6

must d commit one of ulterior offences for s9(1)b

Answer 6

yes but need not intend to when entering

Question 7

what are the common actus reus elements that must be proved by the prosecution

Answer 7

• entry
• of any building/part of a building
• as a trespasser

Question 8

what did RYAN hold

Answer 8

entry is a question of fact for the magistrates/jury to decide in each case

Question 9

RYAN

Answer 9

there was evidence on which the jury could find that d had entered

Question 10

what did STEVENS v GOURLEY hold that a building must be

Answer 10

a structure of considerable size and intended to be fairly permanent

Question 11

under s9(4) of the theft act where else may burglary be committed

Answer 11

an inhabited vehicle/vessel, even when there is no one present at the time

Question 12

which two conflicting cases are there on whether a large storage container is a building

Answer 12

B AND S V LEATHLEY

NORFOLK CONSTABULARY V SEEKINGS AND GOULD

Question 13

B AND S V LEATHLEY

Answer 13

container was a building- it had been resting on railway sleepers rather than wheels, in same place, for over 2 years

Question 14

NORFOLK CONSTABULARY V SEEKINGS AND GOULD

Answer 14

the fact that the lorry trailer had wheels meant that it lacked the degree of permanence required for a building. it could still be operated as a vehicle

Question 15

what does the fact that d may enter part of a building mean

Answer 15

even if d has permission to enter one part of a building , entering another part of the building can be enough for burglary

Question 16

what is whether d has entered part of a building a question of

Answer 16

fact for the magistrates/jury to decide in each case

Question 17

WALKINGTON

Answer 17

d had entered part of a building as a trespasser with the intention of stealing. only staff were permitted to go in this area

Question 18

what does it mean that d must be a trespasser

Answer 18

d voluntarily enters without the permission of the occupier

Question 19

is d a trespasser where he gains entry through fraud

Answer 19

there is no genuine permission to enter and d is a trespasser

Question 20

what must d also commit to be guilty of s9(1)b

Answer 20

the actus reus of theft and inflict GBH

Question 21

what must d have to satisfy the mens rea of burglary

Answer 21

mens rea both in respect of trespassing and the ulterior offence

Question 22

COLLINS

Answer 22

for s9(1)a and s9(1)b d must know/be reckless as to whether he is trespassing

Question 23

when may d still be a trespasser if he has permission to enter a building

Answer 23

if he knowingly or recklessly goes beyond that permission when he enters the building

Question 24

JONES AND SMITH

Answer 24

D1 had a general permission to enter his fathers house, but he had knowingly exceeded the permission by entering the house in the middle of the night with the intent to steal

Question 25

what is the mens rea for s9(1)a

Answer 25

intent to steal, inflict GBH or do unlawful damage

Question 26

will conditional intent prevent d from being guilty of burglary

Answer 26

no, even if it turns out there is nothing in the building worth stealing AG REF NO 1 AND 2 OF 1979

Question 27

what is the mens rea for s9(1)b

Answer 27

that of the ulterior offences

d must either have mr of theft/intend/be reckless as to some harm depending on which ulterior offence is relevant