Section 9(1)(a)

Question 1

D may be liable for burglary defined under

Answer 1

section 9(1)(a) of the theft act 1968 as the entry of a building or part of a building as a trespasser, with intent to steal, inflict grievous bodily harm, or cause unlawful damage.

Question 2

The ACTUS REUS is

Answer 2

the entry of a building or part of a building as a trespasser.

Question 3

there must be an

Answer 3

effective entry, set out in Brown and in Ryan

Question 4

here there was an effective entry

Answer 4

as D

Question 5

Building requires

Answer 5

permanence as in B and S v Leathley, and can be just part of the building as in Walkington. S.9(4) states that it includes inhabited vehicles or vessels eg. caravans and house boats.

Question 6

Here D entered a permanent building

Answer 6

because it was V’s

Question 7

A trespasser is someone who

Answer 7

enters a building (or part of a building) without permission, as in Collins. it includes entering with permission but then going beyond that permission, as in Smith and Jones.

Question 8

Here D was a trespasser

Answer 8

as he did not have permission to enter V’s

Question 9

the

Answer 9

actus reus is complete on entry

Question 10

here the actus reus is complete

Answer 10

as

Question 11

the mens rea is

Answer 11

intention or subjective recklessness as to entering as a trespasser, PLUS intention at the point of entry to steal or inflict GBH or cause unlawful damage

Question 12

here D had direct/specific intention (Mohan-deciding to bring about a consequence OR

Answer 12

subjective recklessness (Cunningham- foresaw a risk and carried on regardless) to enter V’s… as a trespasser as

Question 13

here D had direct/specific intention

Answer 13

(Mohan- deciding to bring about a consequence) at the point of entry to commit theft as

Question 14

TO CONCLUDE,

Answer 14

D will be guilty of burglary under S.9(1)(a).