burglary and robbery

Question 1

s.9

Answer 1

(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(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.

Question 2

burglary - 2 offences

Answer 2

s.9(1)(a) - burglary by trespassing with intent to commit theft, GBH or criminal damage (s.9(2)). - an offence with just intent to commit - does not actually need to be done eg trespassing with a large backpack (intent to steal)

s.9(1)(b)-
burglary where commit theft or GBH after trespass entry. - D enters building as trespasser and then goes on to commit the other act

Question 3

burglary actus reus

Answer 3

Entry
As a trespasser
Any building or part of any building
- MUST BE PERMANENT

Question 4

burglary men’s rea

Answer 4

1. mens rea to trespass
2. mens rea as to ulterior offence

Question 5

s.8

Answer 5

Robbery -

1)A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
(2)A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life.

Question 6

robbery

Answer 6

Theft plus force:
Actual infliction of force
Causing an apprehension of force
Seeking to cause the apprehension of force- V has to anticipate force
Immediately before or at the time- not actual time limit on this
theft followed by force is not robbery
And in order to bring about the theft - it cannot be coincidental

Question 7

robbery mens rea

Answer 7

mens rea as to theft
mens rea as to force or threat of force