Burglary S9(1)(a)

Question 1

1. D may be liable for Burglary defined under…as…

Answer 1

D may be liable for Burglary defined under Section 9(1)(a) of the Theft Act 1968 as the entry of a building or part of a building as a trespasser, with intent to steal, inflict grievous bodily harm or cause unlawful damage.

Question 2

2. The ACTUS REUS is the entry of a building or part of a building as a trespasser.

Answer 2

The ACTUS REUS is the entry of a building or part of a building as a trespasser.

Question 3

3. There must be an effective…

Answer 3

There must be an effective entry, (Brown, Ryan).
* Here

Question 4

4. Building requires…

Answer 4

Building requires permanence (B and S v Leathley), and can be just part of the building as in Walkington. S.9(4) states that it includes inhabited vehicles or vessels eg. caravans and houseboats

Here…

Question 5

5. A trespasser is someone who enters a building (or part of a building) without…

Answer 5

A trespasser is someone who enters a building (or part of a building) without permission, (Collins). It includes entering with permission but then going beyond that permission, (Smith and Jones).

• Here

Question 6

6, The Actus Reus is complete…

Answer 6

The Actus Reus is complete on entry.
* Here…

Question 7

The MENS REA is…

Answer 7

• The MENS REA is intention or subjective recklessness as to entering as a trespasser, PLUS intention at the point of entry to steal or inflict GBH or cause unlawful damage.

Here [eg. D had direct/specific intention (Mohan- deciding to bring about a consequence OR subjective recklessness (Cunningham- foresaw a risk and carried on regardless)…

Here [eg. D had direct/specific intention (Mohan- deciding to bring about a consequence) at the point of entry to commit theft as…

Question 8

8. TO CONCLUDE…

Answer 8

TO CONCLUDE, D will be guilty of burglary under S.9(1)(a).