Criminal 5 - Burglary

Question 1

What are the 2 types of burglary offences?

Answer 1

S9(1)(a): enter as a trespasser, with intent. Burglary committed on entry.

S9(1)(b): enter as a trespasser then Commit offence. burglary committed on commission or attempted commission of offence.

Question 2

What are the elements for a s9(1)(a) burglary?

Answer 2

Actus Reus:
- enter a building or part of a building as a trespasser
Mens Rea:
- knowing or being reckless as to entry as a trespasser;
- at the time of entry D intended to:
– steal
– inflict GBH
– damage unlawfully

Question 3

How can someone be a trespasser for a burglary offence?

Answer 3

• Without consent
• In excess of authority ON ENTRY
  (Robbing from Dad’s house)

Question 4

For a s9(1)(b) offence, what is different in comparison to s9(1)(a)?

Answer 4

Must have actually done one of the following:
- Stole
- Attempted to steal (if this or stole, must prove actus reus and mens rea elements of theft/attempted theft)
- Inflict GBH
- Attempted to inflict GBH

NOTE: no damage building for (1)(b)

Question 5

What elements make up an aggravated burglary offence?

Answer 5

1. Commits any burglary
2. Has with him at the time any firearm or imitation firearm, weapon of offence, or explosive

Question 6

What is a ‘weapon of offence’ under aggravated burglary?

Answer 6

Any article made or adapted for use for causing injury to or incapacitating a person, or intended for such use