Burglary

Question 1

Burglary Definition

Answer 1

“A person is guilty of burglary if…”

S.9(1)(A) - “He enters any building or part of a building as a trespasser and with intent to steal anything, commit GBH or cause unlawful damage”

S.9(1)(B) - “having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.”

Theft Act 1968 S.9

Specific Intent Offence
10 years imprisonment

Question 2

Burglary Actus Reus

Answer 2

Burglary AR
Entry
As a trespasser
To a building or part of a building

Question 3

Burglary Mens Rea

Answer 3

Burglary MR

The defendant must know they are a trespasser or be reckless as to whether they are trespassing