burglary section 9(1)(a)

Question 1

D may be liable for…

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

The Actus Reus is…

Answer 2

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

There must be an effective entry, set out in Brown and in Ryan

Question 3

A building requires…

Answer 3

A Building requires permanence as in B and S v Leathley and can be just part of the building as in Walkington

Question 4

S.9(4) states that…

Answer 4

S.9(4) states that it includes inhabited vehicles or vessels eg. caravans and houseboats

Question 5

A trespasser is…

Answer 5

A trespasser is someone who enters a building (or part of a building) without permission, as in Collins.

It includes entering with permission but then going beyond that permission, as in Smith and Jones

Question 6

The actus reus is…………………………………. (2)

Answer 6

The actus reus is complete on entry.