Burglary (b)

Question 1

Act

Answer 1

S9(1)(b) theft act 1968

Question 2

Definition

Answer 2

Enter any building or part of a building as a trespasser and commit or attempt to commit theft/GBH/criminal damage

Question 3

D must enter

Answer 3

The jury decide whether entry is effective (Ryan). This can include Ds limbs (Ryan). Can include using an object to enter/will be classed as an extension of Ds body.

Question 4

Building/part of building

Answer 4

Not defined in the theft act but there must be some degree of permanence to the building (B&S v leathley). S9(4) building included inhabited 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 to (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 & jones)

Question 6

AR committing theft/GHB/criminal damage

Answer 6

Theft - appropriation+property+belonging to another
GBH - unlawfully and maliciously wounding (moriarty) or unlawfully and maliciously casing grevious bodily harm (DPP v smith)
Criminal damage - Ds action of destroying/damaging property is committing the criminal damage

Question 7

MR

Answer 7

S9(1)(b) intention/recklessness to enter as a trespasser and MR of committing theft/GBH? Criminal damage or attempted theft?GBH?criminal damage after entry

Question 8

Intention/recklessness to enter as trespasser

Answer 8

Knowing = intention (Mohan)
Recklessness = (Cunningham)

Question 9

MR of theft/GBH/criminal damage of damage or attempted damage

Answer 9

Theft - dishonesty+intention to permanently deprive
GBH - s18 (belfon). s20 (Mohan/cunningham)
Criminal damage - intent (Mohan). Recklessness (Cunningham)