Burglary - Entry

Question 1

The Theft Act 1968 S.9(1)(b) states;

Answer 1

having entered any gilding or part of the 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 there in any grievious bodily harm.

Question 2

Common types of burglary are;

Answer 2

a. entry
b. of a building or part of a building
c. as a trespasser

Question 3

D was seen leaving through a broken ship windows with the top half of his body inside a shop as though he was rummaging around. His feet were on the ground outside. He claimed that he could not b said to have entered a building if only part of his body had been inside it.
What case was this?

Answer 3

Brown

Question 4

What was held in Brown?

Answer 4

It was not necessary for the entry to be complete or even substantial, so long as the entry was effective for D to carry out the ulterior offence.
Guilty

Question 5

D attempted to burgle a house but only got as far as being trapped by his neck with only his head and right harm inside a window. He was not in a position to steal.
What case was this?

Answer 5

Ryan

Question 6

What was held in Ryan?

Answer 6

Clearly not effective entry but the body or part of the body used or intended to facility theft amounts to entry.
Guilty

Question 7

The Theft Act 1968 S.9 (1)(a) states;

Answer 7

A person is guilty of burglary if he enters any building or part of a building as a trespasser and with intent to steal, inflict GBH, or do unlawful damage to the building or anything in it.