Buglarly

Question 1

Where is the legal definition of burglary found?

Answer 1

Burglary is defined under S.9 of the Theft Act 1968.

Question 2

What are the two types of burglary?

Answer 2

‘S.9(1)(a) burglary : Entering a building as a trespasser with intent to commit theft, GBH, or criminal damage.

S.9(1)(b) burglary,: Entering a building as a trespasser and then committing or attempting theft or GBH.

Question 3

What are the three actus reus elements of burglary?

Answer 3

1. Entry
2. Building or part of a building
3. Trespassing

Question 4

What counts as “entry” for burglary?

Answer 4

Entry is not defined in the Theft Act but case law states:

R v Brown(argos case) - Entry must be effective Part of your body being in the building is enough.

R v Ryan - Even partial entry counts.

R v Ryan also says that it is up to the jury to see whether an entry is effective

Question 5

What is the definition of a building and what case defines it and what does statue include under what section

And explain what part of building means include a case

Answer 5

A building is A structure with A degree of permanence designed to endure some time ( Steven’s v gourley)and under s9(4) this can include inhabited vehicles and vessels

And part of building refers to an area of a building d doesn’t have permission to enter as in r v walkington

Question 6

. What counts as a “building” in burglary? Basics and specific cases

Answer 6

So you have your basics houses, blocks of flats, offices, shops, factories, warehouses etc. are classed as buildings

But caseS have shown that

•B & S v Leathley - A 40ft freezer container was a building.

•Norfolk Constabulary v Seeking and Gould - A lorry trailer was not a building.

• Rv Walkington - “Part of a building” includes restricted areas

Question 7

When is a person considered a trespasser? And cases

Answer 7

When they enter without permission.
When they exceed their permission.

Rv Jones & Smith - D exceeded permission by stealing from his father’s house.

R v Walkington-. he was not allowed in that ‘part of the building and therefore was a trespasser.

Question 8

What are the two elements of the mens rea of burglary? For s.9(1)(a)

Answer 8

1.The D must have intent before entering to commit one of the following ulterior offences:
1. Theft
2. GBH
3. Criminal damage
It doesn’t matter if the offence is completed; intent alone is sufficient. (S.9(1)(a))

2. Intention or recklessness as to trespassing.

Question 9

What is the mens rea for S.9(1)(b) burglary?

Answer 9

1. After entering, the D must attempt or commit one of the following offences:
2. Theft
3. GBH
   The mens rea for these offences develops after entering the building, not before.

2.Intention or recklessness as to trespassing.

Question 10

What must the prosecution prove about the defendant’s trespassing?

Answer 10

That the defendant:

•Knew they were trespassing (Mohan - direct intent).

•Was reckless about trespassing (Cunningham - recklessness)

Question 11

How to conclude an answer for. Buglarly

Answer 11

Conclude whether a S.9(1)(a) or S.9(1)(b) burglary has been committed, with reference to any key issues already discussed.

Question 12

What are all the stages for burglary

Answer 12

1. Entry
   2.building or part of a building
   3.tresspasser
2. Mr for either s9(1)(a) or s9(1)(b)
   5.d was reckless or he intended to be a trespasser