Burglary

Question 1

Whats the AR for Burglary section 9 1(a)

Answer 1

Enters a building as a trespasser with intent to:

• Theft
• Inflict GBH
• Do criminal damage

Question 2

What statute is burglary in?

Answer 2

Theft act 1968

Question 3

What case defines entry?

Answer 3

Ryan = Entry no longer needs to be effective or substantial

Now left to the Jury to decide

Question 4

What is ‘Building’ defined as?

Answer 4

Includes inhabited places such as boat house or caravans, outbuildings and sheds

Question 5

2 cases to help define Issue over portacabin?

Answer 5

B and Leathely- 25 Foot long freezer container - rested on sleepers was a building
Norfolk constable v seekings gould - Not a building - the lorry trailer still had wheels even though it was attached to an electricity supply.

Question 6

What is ‘part of a building’ defined as?

Answer 6

Here the D may have permission to be in one part of the building but not another
R v Walkington = Counter are was ‘part of a building’

Question 7

What is going beyond permission defined as?

Answer 7

where you have permission to enter but then you go beyond that permission, Smith and Jones

Question 8

What is the mens rea of burglary 9 1 (a)?

Answer 8

Must know or be reckless as to whether he is a trespasser PLUS either intention at the point or entry to commit:

• Theft
• GBH
• Criminal Damage

Question 9

Whats the AR Section 9 1 (b) theft act 1968?

Answer 9

Having entered a building or part of a building as a trespasser plus the AR of theft or GBH

Question 10

Whats the MR Section 9 1 (b)

Answer 10

D knows or is reckless as to whether he is trespasser
AND
D must have the Mens rea for theft or GBH when committing these offences.