BURGLARY

Question 1

1. section & definition

Answer 1

• s9(1)(a)
• enter any building or part of a building as a trespasser with the intention of committing theft, GBH, unlawful damage.

Question 2

2. section and definition

Answer 2

• s9(1)(b)
• enter any building or part of a building as a trespasser and commit or attempt theft or GBH

Question 3

ACTUS REUS
1.

Answer 3

• ENTER
• jury will decide if this is effective (RYAN)
• can be with an object (fishing rod)

Question 4

ACTUS REUS
2.

Answer 4

• BUILDING/PART OF
• some degree of permanence to be a building
• B&S V LEATHLEY - freezer container
• s9(4) can be inhabited vehicles or vessels (WALKINGTON)

Question 5

ACTUS REUS
3.

Answer 5

• TRESPASSER
• tort where d enters property without permission/legal right
• must be voluntary, not forced/accidental (SMITH & JONES)
• not trespasser (COLLINS)

Question 6

MENS REA
1.

Answer 6

• s9(1)(a)
• intention to commit theft, GBH, or unlawful damage
• knowingly (MOHAN) or recklessly (CUNNINGHAM) trespass

Question 7

MENS REA
2.

Answer 7

-s9(1)(b)
- MR for offence committed
- theft (s2 dishonesty & s6 IPD)
- GBH
- trespass knowingly or recklessly