Burglary

Question 1

Definition of burglary s.9(a)

Answer 1

s.9(a) guilty of burglary if he enters a building/part of a building as a trespasser with intent to commit theft, GBH or unlawful damage

Question 2

Definition of burglary s.9(b)

Answer 2

S.9(B) having entered a building or part of a building as a trespasser he attempts/commits theft or attempts/commits GBH

Question 3

Actus Reus of Robbery

Answer 3

1. ENTERS
2. BUILDING OR PART OF BUILDING
3. AS A TRESPASSER

Question 4

1. Enters

Answer 4

Entry must be effective (Brown)
Entry must be sufficient

Collins
Brown
Ryan

Question 5

R V Collins

Answer 5

D how was drunk and naked climbed through open window of naked girl asleep - as he was on the window sill, girl woke, thought it was her boyfriend, had intercourse.

convicted if burglary as a trespasser with intent to rape (appealed as he had been invited in and didnt realize he was trespassing bc drunk = conviction quashed)

Question 6

R v Brown

Answer 6

entry only needs to be effective
D stood on ground floor, leaned through broken shop window rummaging through goods

Question 7

R V Ryan

Answer 7

D trapped when trying to get through window at 2:30am
fire brigade called to free him

• for the jury to decide if entry is effective (was effective here)

Question 8

2. Building or part of

Answer 8

building = “fairly permanent structure including houses, offices, shops, vehicle or vessel that is inhabited”
buliding - B&S V Leathley

buliding = Norfolk Constabulary V Seekings

part of = R v Walkington

Question 9

B&S V Leathley

Answer 9

25ft long freezer container, on farm yard for 2yrs, used as storage facility, had doors with locks and electricity = held to be a building

Question 10

Norfolk Constabulary V Seekings and Gould

Answer 10

long trailer with wheels, used as storage for over a yr and had electricity = NOT a building as it was not fixed or inhabited

Question 11

3. As a Trespasser

Answer 11

The prosecution must prove that the D KNEW they were trespassing
Collins (was drunk)

this also includes a situation where the individual has permission but they go beyond the permission

Going beyond permission:
Jones and Smith (1976)

Question 12

Mens Rea of Burglary

Answer 12

mens rea = must intend or be subjectively reckeless as to enter as a trespasser

PLUS
for s.9(a) intention at the point of entry to commit theft, GBH or criminal damage
for s.9(b) intention for theft or GBH at point of committing or attempting to commit these
offences in a building.