9.3 Burglary

Question 1

What are the two sections of Burglary

Answer 1

s.9(1)(a) TA 1968
Entering a building or part of as a trespasser with intent to commit theft, GBH or crim damage
s.9(1)(b) TA 1968
Entering a building or a part of as a trespasser, stealing with intent to commit GBH

Question 2

AR of burglary 3 parts

Answer 2

s.9 TA 1968
* Entry
* A building or a part of
* As a trespasser

Question 3

s.9 TA 1968 Burglary: Entry

Answer 3

Entry
* (R v Brown) means effective entry ‘enough to steal’
* (R v Ryan) enough of your body to steal something

Question 4

s.9 TA 1968 Burglary: A building or a part of

Answer 4

s.9(4) TA 1968
- somewhere inhabited, households and caravans
(B+S v Leathley)} storage containers count

Question 5

s.9 TA 1968 Burglary: as a trespasser

Answer 5

• Entering somewhere without permission (R v Walkington)
• If you act in excess of permission (R v Jones+Smith)

Question 6

MR of theft

Answer 6

s.9(1)(a) + s.9(1)(b)
* must know or recklessly trespass
s.9(1)(a)} must have intent to:
- commit theft, GBH, Crim. Damage (R v Easom) conditional intent for theft counts
s.9(1)(b)} D must have MR for theft/GBH while comitting the AR of such offence.