Burglary: Sections A and B

Question 1

s9(1)(a): the offence

Answer 1

D enters a building, or part, as a trespasser with intent to commit theft, GBH, or criminal damage

Question 2

s9(1)(b): the offence

Answer 2

D enters a building, or part, as a trespasser and commits theft or GBH

Question 3

s9(1)(a), AR: enters

Answer 3

There must be an effective entry, meaning that D was in a position to steal.
There is no need for D’s whole body to be inside.

Question 4

AR: into a building/part of a building

Answer 4

● It must be ‘permanent’: a good test is whether it is something that is usually or can be lived in (inhabited)
● If it is ‘moveable’ it is less likely to be a building: such as a tent
● s9(4) gives some examples of things that ARE buildings: caravans; boats that are inhabited
● Case law has also helped: garden shed (yes); trailer on the back of a lorry (no)
● Part of a building = includes anywhere a D goes where they are not supposed to go: behind the counter of a shop

Question 5

AR: as a trespasser

Answer 5

● Definition of ‘trespasser’ is someone who has no permission or legal right to be there, and intends to be a trespasser
● It also includes a D who DOES HAVE PERMISSION to be there, but then GOES BEYOND that permission, such as entering a specific restricted area (eg: headmaster’s office) without consent.
● If a D has permission to be in a building or part of it, then ask: ‘has he exceeded his permission to be there’? If YES = D is a trespasser

Question 6

s9(1)(b) AR: apply the above + D commits theft or GBH

Answer 6

The AR for the second offence is the same - all the 3 above parts must be complete PLUS:
● D must ACTUALLY steal, or commit GBH
● In an exam, you will need to know the AR for these offences (theft and GBH) and work out if they have been committed by D

Question 7

MR (s9(1)(a) ONLY): intent to commit (1) theft; (2) GBH; (3) criminal damage

Answer 7

● D must INTEND to do at least 1of the 3 crimes listed in 9(1)(a)
● It is IRRELEVANT whether or not he ACTUALLY commits 1 of the crimes
● Intent must be at the time of entry
● It catches Ds who break in just to ‘see if there is something worth stealing’

Question 8

MR (s9(1)(b) ONLY): D intends to do 1 of the 2 offences

Answer 8

D must INTEND to do the offence he has committed, either theft or GBH