3.14)Burglary

Question 1

Where does the offences of “Burglary” come from

Answer 1

The Statute of the Theft Act 1968 s9

Question 2

What are the Two Offences of Burglary

Answer 2

1) 1a: D enters any building or part of a building as a trespasser with intent to commit theft, GBH or unlawful damage
2) 1b: D enters any building or part of a building as a trespasser and commits theft or GBH

Question 3

What are the Actus Reus for Burglary

Answer 3

1)Enter
2)Building or Part of a Building
3)Trespasser

Question 4

What is meant by “Enter”

Answer 4

Must be “effective”, doesn’t need to be the whole body

Question 5

What does “R v Ryan [1996] entail

Answer 5

That D’s whole body doesn’t have to be inside to count as entering, as only D’s arm and leg were in, and he was stuck, but was still found guilty.

Question 6

What does “R v Walkington [1979] entail

Answer 6

D went behind the counter in a shop and was held guilty of burglary as this was a part of a building D was not entitled to enter

Question 7

What is meant by “Tresspasser”

Answer 7

Someone with no permission or legal right to enter a premise

Question 8

What are the Mens Rea for “Robbery”

Answer 8

1) 1a: The intention to commit Theft, GBH or unlawful damage
2) 1b: Intend to commit theft or GBH