Burglary 9(1)(b) Only

Question 1

Act?

Answer 1

D may be liable for burglary contrary to s.9 Theft Act 1968, he would be liable as prior to entering the building or part of the building he did not form the intent to commit theft, criminal damage 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

Mens rea?

Answer 3

He must also whilst there commit theft or GBH or attempt to do either + APPLY

He must form the mens rea for the ulterior offence +APPLY

In addition, he must form the MR for the trespass. He must know he is a trespasser, Intend or be subjectively reckless with regards to this + APPLY