Burglary

Question 1

Burglary under 9(1)(a)

Answer 1

AR
enters
A building/part of a building
As a trespasser

MR
knowledge or recklessness as to his entry as a trespasser
With intent to commit theft, GBH, or criminal damage

Question 2

Burglary under 9(1)(b)

Answer 2

AR
Enters
A building / part of a building
As a trespasser
Actus reus of Theft/GBH or attempted theft/GBH

MR
knowledge or recklessness as to his entry as a trespasser
Mens rea for the theft/GBH or attempted theft/GBH

Question 3

Difference between the sections

Answer 3

9(1)(a) is committed when D enters as a trespasser with the intention of committing theft, GBH or criminal damage
The offence is committed on entry - D does not have to do anything else

9(1)(b) is committed when D enters as a trespasser and does actuallt comit or attempts to commit one of the offences

Question 4

Enters

Answer 4

Not defined in section 9

R v Collins - an effective entry must take place - this is a question of fact

R v Brown - D was convicted of burglary when he had his head and shoulders inside a broken shop window even though his feet were till on the ground. This was an effective entry

R v Ryan - the householder found D stuck in a downstairs window. Effective entry even though he didn’t reach anything

Question 5

Building/part of a building

Answer 5

Includes inhabited vehicles and vessels. Must be a permanent structure (no tents).

B&S V Leathley - a freezer container connected to an electricity supply and used for 2 years was a building

Norfolk Constabulary v Seekinfs &Gold - articulates lorry trailer being used by a supermarket as temporary storage space
was not

A par of a building - a person may have access to a building but not a certain part (staff area)
Walkington - D entered a part of a building when he went behind the counter

Question 6

Trespasser

Answer 6

Occurs when a person intentionally or recklessly enters a building without permission to do so. Entry must be voluntary and not forced.

R v Jones &smith - D’s were guilty of 9(1)(b) burglary when they took two TVs from smiths fathers house. They knowingly exceeded their permission to be in the house - that permission was not to steal items

Question 7

Knowledge or recklessness as to entering as a trespasser

Answer 7

D must intend to enter, knowing he does not have legal right to. If not he must be subjectively reckless (Cunningham)

Question 8

Differences between 9(1)(a) and 9(1)(b)

Answer 8

9(1)(a) D does not have to have committed the offence, only entered with the intention to do so. This can be a conditional intent - eg steal money if there is any

9(1)(b) there must be an actual offence