Property Offences-Burglary

Question 1

2 Types of burglary

Answer 1

S9(1)a

S9(1)b

Question 2

S9(1)a

Answer 2

Ulterior intent to commit:
Theft
GBH
Criminal damage

And have trespassed

Question 3

Mens rea for S9(1)a

Answer 3

Intent/recklessness to trespass

Intent for the ulterior defence

Question 4

S9(1)b AR and MR

Answer 4

AR:Actual or attempted theft/GBH and have trespassed
MR:Intent/reckless to trespass, and MR for theft/GBH

Question 5

Common elements of burglary

Answer 5

Entry
Building/part of building
Trespass

Question 6

Entry cases (2)

Answer 6

R v Brown-can be partial (putting arm through window)

R v Ryan-need not be substantial, just effective (got head and arm trapped)

Question 7

Building/part of a building cases (2)

Answer 7

B&S v Leathy-outdoor freezer was a building

R v Walkington-going in staff only area=trespass

Question 8

Criteria for a trespasser (3Ps)

Answer 8

1. does not have permission
2. permission for one part but goes in another
3. permission for one purpose but uses it for another

Question 9

Trespasser cases (2)

Answer 9

Collins-if D honestly believes he has permission, not trespass
Jones & Smith-D had general permission to enter fathers house, but exceeded permission when he broke in at middle of night and stole TV

Question 10

Mens rea for trespass

Answer 10

Intent/recklessness