Section 9(1)(b)

Question 1

D may be liable for burglary defined under

Answer 1

Section 9(1)(b) of Theft Act 1968 as when a person, having entered a building or a part of a building as a trespasser, commits or attempts to commit, theft or grievous bodily harm.

Question 2

The ACTUS REUS is

Answer 2

the entry of a building or part of a building as a trespasser PLUS committing or attempting to commit theft or GBH.

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 houseboats

Question 6

Here D entered a permanent building

Answer 6

because it was V’s

Question 7

a trespasser is

Answer 7

someone who enters a building (or part of a building) without permission, as in Collins. It includes entering with permission 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

here theft was committed [or attempted] as under

Answer 9

S.1 D dishonestly appropriated property belonging to another [or attempted to] when

Question 10

here GBH was committed [or attempted] as

Answer 10

D caused V serious harm (Smith, Saunders) when

Question 11

The MENS REA is

Answer 11

intention or subjective recklessness as to entering as a trespasser, PLUS the mens rea of the theft or inflicting GBH

Question 12

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

Answer 12

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

Question 13

the mens rea of theft under

Answer 13

S.2 is that D must be Dishonest. the 2 staged test established in the Ivey v Genting Casinos is used. Firstly the jury must decide what was the actual knowledge or belief of D as to the facts, and secondly in that context, the jury must decide whether D’s behaviour would be regarded as dishonest by the reasonable, ordinary, decent person.

Question 14

here a reasonable, ordinary decent person would view D’s actions as

Answer 14

dishonest because

Question 15

Also, under S.6 there is an

Answer 15

intent to permanently deprive by disposing of or treating the property as his own (DPP v Lavender, Raphael, Lloyd) because D

Question 16

here there is the mens rea of inflicting GBH

Answer 16

as D had direct intention or subjective recklessness as to causing some harm (Mowatt, Savage, Parmenter), as defined under S.20 of the Offences Against the Person Act when he had

Question 17

TO CONCLUDE,

Answer 17

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