Burglary 9(1)(a) Only

Question 1

Act?

Answer 1

D may be liable for burglary contrary to s.9 Theft Act 1968, s.9(1)(a) as whilst he was in the building he did not commit theft or GBH.

Question 2

Actus reus?

Answer 2

He must enter a building or part of a building as a trespasser. The jury will decide whether he has entered, it will not be effective nor substantial but he must enter (Ryan).
Building is not defined in the Act but it required a degree of permanence (Norfolk Constabulary v Seekings)
He will be a trespasser if he enters the building or part of it without it in excess of any express of implied permission he would have (Jones& Smith; Hillen& Pettigrew)

Question 3

Men’s rea?

Answer 3

He will be liable providing that he entered the building intending to steal, cause criminal damage or GBH. +APPLY

He must also form the men’s rea for the trespass, he must know he is a trespasser, or at least be subjectively reckless with regards to this +APPLY