Section 9(1)(a) Model Answer Flashcards
D may be liable for burglary defined under section 9(1)(a) of the…
Theft Act of 1968 as the entry of a building or part of a building as a trespasser, with intent to steal, inflict grevious bodily harm or cause unlawful damage.
The actus reus is the entry of a..
Building or part of a building as a trespasser.
There must be an … entry (BROWN, BRYAN)
effective
Building requires … (B and S v Leathley), and can be just…
Part of a building as in WALKINGTON.
S.9(4) states that it includes…
inhabited vehicles or vessels eg. caravans and houseboats.
Seeking and Gould held that a storage unit with…
wheels was not a building.
Steven’s v Gourley described a building as “A structure of considerable…
size and intended to endure a considerable time”.
A trespasser is someone who…
enters a building (or part of a building) without permission, (COLLINS).
It includes entering with…
permission but then going beyond that permission (SMITH and JONES).
The actus reus is complete on…
entry
The mens era is 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.
If relevant: conditional intent is enough. This is where the defendant does not know exactly…
what they will steal/who they will inflict GBH on to/do unlawful damage to, but if they see something/someone they will do it (AGs Reg Nos 1 and 2 of 1979).
Direct intention MOHAN…
deciding to bring about a consequence.
Subjective recklessness CUNNINGHAM…
Foresaw a risk and carried on regardless
To conclude, D will be…
guilty of burglary under S.9(1)(a).
