Burglary (a)

Question 1

Act

Answer 1

9(1)(a)theft act 1968

Question 2

Definition

Answer 2

Enter any building or part of a building as a trespasser with the intention to commit theft, GBH, unlawful damage

Question 3

D must enter

Answer 3

The entry must be effective (Ryan). Up to the jury to decide effective entry. This can include Ds limbs (Ryan). Can include using any object to enter/classes as extension of Ds body

Question 4

Building/part of building

Answer 4

Not defined in the theft act but there must be a degree of permanence to be a building (B&S v leathley). S9(4) building included inhibited vehicles and vessels. If D has permission to enter a building, he will be trespassing if he enters part of that building, he does not have permission (walkington)

Question 5

Trespasser

Answer 5

D enters property without permission/legal right to be there and entry must be voluntary. Express/implied permission. D has no permission=trespasser (Collins). Person exceeds permission by committing theft also trespasser (smith and jones)

Question 6

Men’s Rea

Answer 6

S9(1)(a) intention/recklessness to enter as a trespasser and intention to commit theft/GBH/criminal damage

Question 7

Intention or recklessness to enter as a trespasser

Answer 7

Knowing=intention (Mohan)
Recklessness=(Cunningham)

Question 8

Intention to commit theft/GBH/criminal damage

Answer 8

Theft - dishonesty+intention to permanently deprive
GBH - s18(belfon) s20(Mohan/cunningham)