burglary section 9(1)(b)

Question 1

1. D may be liable for…

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…

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, set out in Brown and in Ryan

Question 4

4. A Building requires…

Answer 4

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

Question 5

5. S.9(4) states that…

Answer 5

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

Question 6

6. A trespasser is someone who…

Answer 6

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

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

Question 7

7. Actus Reus: IF A THEFT / ATTEMPTED THEFT:…

Answer 7

Here theft was committed [or attempted] as under S.1 when D dishonestly appropriated
property belonging to another

[or attempted to] when he [eg. took/attempted to
take V’s purse].

Question 8

8. Actus Reus: IF GBH/ATTEMPTED GBH:….

Answer 8

IF GBH/ATTEMPTED GBH:

• Here GBH was committed [or attempted] as D caused serious harm to V (Smith,
Saunders) when he [eg. Broke V’s jaw by hitting him].

Question 9

9. The MENS REA is…

Answer 9

The MENS REA is intention or subjective recklessness as to entering as a trespasser, PLUS
the mens rea of theft or inflicting GBH.

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)

Specific: to enter V’s house as a trespasser as he deliberately climbed through
the window

Subjective: was not sure if he was allowed in but did it anyway].

Question 10

10. Mens Rea: IF THEFT / ATTEMPTED THEFT:

Answer 10

IF THEFT / ATTEMPTED THEFT:
The Mens Rea of theft under S.2 is that D must be DISHONEST. The 2 stage test established
in Ivey v Genting Casinos is used.

Firstly the jury must decide what was the actual
knowledge or belief of D as to the facts.

Secondly, in that context, the jury must decide
whether D’s behaviour would be regarded as dishonest by the reasonable, ordinary,
decent person.

Question 11

11. Also, under S.6…

Answer 11

Also, under S.6 there is an intent to permanently deprive by disposing of or treating the
property as his own (DPP v Lavender, Raphael, Lloyd) because [eg. D ran away with the
purse].

Question 12

12. Mens Rea: IF GBH / ATTEMPTED GBH:…

Answer 12

IF GBH / ATTEMPTED GBH:

• Here, there is the mens rea of inflicting GBH as D had direct intention or subjective
recklessness as to causing some harm (Mowatt, Savage, Parmenter), as defined
under S.20 of the Offences Against the Person Act when he [had direct intention
(decide to bring about a consequence) to cause some harm when he punched V
hard].