Burglary

Question 1

What are the issues with entry:

Answer 1

• Development of the interpretation of the word enters has been widened in both 9.1.A and 9.1.B so that it is easier to secure a conviction.
  Entry only needs to be effective which may be considered harsh upon the defendant.
• As the offence carries imprisonment of up to 14 years maybe entry needs to be more than just ‘effective’.

Question 2

What are the issues with trespasser:

Answer 2

• In collins the court was concerned with where collins was stood when he was invited in, the whole case was resting on an extremely small point with a lack of evidence.
• Some say that they should not use a civil definition in a criminal situation.
  It is also argued that D must intend or at least see a risk that they are a trespasser (subjective)

Question 3

Whats the issue of ulterior offences:

Answer 3

• S.9.1.A only requires that the defendant only needs to intent to commit either theft, criminal damage or GBH.
  This can be confusing for the juror.
• Ulterior offences have also been recently modified so that rape is no longer included, and rape has been removed.

Question 4

What is the definition of building:

Answer 4

• There is no actual definition of building and the common law definition is used from Stevenson v Gourley.
  Has been subject to legal argument in modern cases as in B and S V Leathley and Norfolk Constabulary V Seeking and Gould.
• Distinction between these was also extremely small which seems very unfair.