Burglary S9(1)(b)

Question 1

1. D may be liable for burglary defined under Section 9(1)(b) of the Theft Act 1968 as when a person…

Answer 1

D may be liable for Burglary defined under Section 9(1)(b) of the Theft Act 1968 as when a person, having entered a building or part of a building as a trespasser, commits or attempts to commit, theft or grievous bodily harm.

Question 2

2. The ACTUS REUS is the…

Answer 2

The ACTUS REUS is the entry of a building or part of a building as a trespasser PLUS committing or attempting to commit theft or GBH.

Question 3

3. There must be an…

Answer 3

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

Question 4

Building requires permanence…

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