Section 9(1)(b) Model Answer Flashcards
D may be liable for burglary defined under section 9(1)(b) of the…
Theft Act 1968 as when a person, having entered a building or part of a building as a trespasser, commits or attempts to commit, theft or gracious bodily harm.
The actus reus is the entry of a…
building as a trespasser PLUS committing or attempting to commit theft or GBH.
Building requires permanence (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.
Seekings 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 then going beyond that permission, (SMITH and JONES).
The mens rea is intentional or subjective recklessness as to…
entering as a trespasser, PLUS the men’s rea of theft or inflicting GBH.
Direct intention MOHAN…
Deciding to bring about a consequence
Subjective recklessness CUNNINHAM…
Foresaw a risk and carried on regardless
If theft/attempted theft: The mens rea of theft under S.2 is that D must be…
Dishonest.
The 2 stage test established in…
IVEY v GENTING CASINOS (recently confirmed in BARTON and BOOTH) is used.
Firstly, the jury must decide what was the actual…
knowledge or belief of D as to the facts.
Secondly, in that context, the jury must decide whether D’s behaviour would be regarded as dishonest…
by the reasonable, ordinary, decent person.
Also under S.6 there is an intent to permanently deprive by…
disposing of or treating the property as his own (DPP v LAVENDER, RAPHAEL, LLOYD)
If GBH / attempted GBH: The mens rea of inflicting GBH had…
Direct intention or subjective recklessness as to causing some harm as defined under S.20 of the OAPA when he…
To conclude D will be…
guilty of burglary under S.9(1)(b).
