Burglary section 9 subsection 1 b

Question 1

burglary is defined under

Answer 1

section 9 subsection 1 b of the theft act 1968 as when a person having entered a building or part of building as a trespasser commits theft or grievous bodily harm

Question 2

what is the actus reaus of burglary section 9 subsection 1 b

Answer 2

the ar is the entry of a building or part of a building as a trespasser plus commiting or attempting to commit theft or gbh

Question 3

there must be effective

Answer 3

entry BROWN and in RYAN

Question 4

What does building require

Answer 4

building requires permanence B and S v Leathley and can just be part of a building as in WALKINGTON. Section 9 subsection 4 states that it includes Inhabited vehicles or vessels

Question 5

who is a trespasser

Answer 5

a trespasser is someone who enters a building or part of a building without permission Collins it includes entering with permission then going beyond that permission Smith and jones

Question 6

what is mens rea

Answer 6

is intention or subjective recklessness as to entering as a trespasser plus the mens rea of theft or inflicting gbh