Men's Rea of Burglary

Question 1

What are the two elements to m/r for burglary?

Answer 1

Intention or recklessness as to trespass and intention to commit under the ulterior offence. (No oblique intention)

Question 2

For civil trespass, is m/r necessary?

Answer 2

Not needed

Question 3

When does burglary take place?

Answer 3

It must be shown that at the time of entry D intended to commit one of the ulterior offences in s.9(2)

Question 4

What area of confusion is created with burglary?

Answer 4

Conditional intent; not enough for theft – must be intention to permanently deprive. D may enter only intending to steal if he finds anything worth stealing – if not then he might not steal anything. This would still be enough to suffice MR for intention to commit the ulterior offence.

Question 5

What happened in the case of R v Husseyn (1977) ?

Answer 5

Not a burglary case. It was a thought for time that conditional intent not sufficient for burglary.

Question 6

What happened in AG reference?

Answer 6

Reconsidered Husseyn - There can be a conviction for burglary where the D only has conditional intent so long as the indictment is worded correctly.