Burglary answer format (AO2)

Question 1

What 3 sections does the actus reus of Burglary split into?

Answer 1

-Entry
-Building
-Trespass

Question 2

What must be decided in the mens rea section of AO2?

Answer 2

Whether it is a 9(1)(a) or a 9(1)(b) burglary

Question 3

What should be applied in actus reus point 1/3: Entry?

Answer 3

-Explain how the D has entered the building, even if it is only one body part. State that the entry is effective to carry out the ulterior offence

Question 4

What should be applied in actus reus point 2/3: Building?

Answer 4

-Explain why the building is a building- fixed permanent structure, no wheels, habitable
-If part of the building aspect is relevant- explain why this is part of a building, explain why D doesn’t have permission to be there and how they entered

Question 5

What should be applied in actus reus point 3/3: Trespass?

Answer 5

-Explain why D has/hasn’t got permission to be in building
-Explain why D has permission but exceeded
-Explain why D has intention to enter as a trespasser- they know they don’t have permission to be in the building

Question 6

what 4 parts of mens rea application is there?

Answer 6

-Decide 9(1)(a)/9(1)(b)
-Remember D can have both of these
-For A- explain why the D had intention to carry out theft before entering, identify what D was thinking before entry (motives, desires)
-For B- does the D have the MR for theft once in the building and have carried it out? -satisfies s9(1)(b)