Burglary Answer format (AO1)

Question 1

What should be in the AO1 intro?

Answer 1

-State that burglary is a statutory offence (S9 Theft Act 1968)

Question 2

What 7 parts should be included in the main body of the AO1 section?

Answer 2

-S9(1)(A)
-S9(1)(B)
-Entry
-Building
-Part of a building
-Trespasser
-Mens rea

Question 3

What should be described in part 1/7 of the AO1: S9(1)(a)?

Answer 3

-The D enters a building or part of a building with intent to commit theft, inflict GBH or cause unlawful damage

Question 4

What should be described in part 2/7 of the AO1: s9(1)(b)?

Answer 4

-Having entered a building or part of a building, D steals or attempts to steal or commits GBH or attempts to commit GBH

Question 5

What should be described in part 3/7 of the AO1: Entry? (what cases)

Answer 5

-No longer has to be substantial or effective - it is for the jury to decide if entry was sufficient
Collins: Not trespasser if no intent/reckless
Ryan: Partial presence amounts to entry

Question 6

What should be described in part 4/7 of the AO1: Building? (what cases)

Answer 6

-No definition in Theft Act 1968, statutory interpretation = something of “considerable size and permanent structure” as stated: Stevens & Gourley

Question 7

What should be described in part 5/7 of the AO1: Part of a building? (what cases)

Answer 7

-Covers staff only areas, stockrooms, etc. in buildings where people otherwise have permission to be
Walkington: guilty for s.9(1)(a) for entering part of building

Question 8

What should be described in part 6/7 of the AO1: Tresspaser? (what cases)

Answer 8

-Either D has no permission to be in the place OR d has permission to be there but has exceeded their permission to be there
Collins: Not a trespasser as no intent and not reckless
Smith and Jones: If reckless in going beyond permission will be classed trespasser

Question 9

What should be described in part 7/7 of the AO1: Mens Rea? (what cases)

Answer 9

-Intention or subjective reckless as to entering as a trespasser PLUS intention for the ulterior offence- Conditional intent also will suffice (A-G Ref (1979))

Question 10

of the 7 parts of the AO1, which parts have case law that can be applied?

Answer 10

part 3-7, part 1-2 (s91a and s91b) don’t have cases