Burglary

Question 1

What is Burglary defined under?

Answer 1

s.9 (1) (a) and s.9 (1) (b) the Theft Act 1986

Question 2

What are the three common elements of burglary?

Answer 2

Entry, building and trespass

Question 3

Define entry

Answer 3

Entry was not defined in the Act and has developed through case law Collins, Brown, Ryan is now taken to mean ‘effective entry’

Question 4

Define building

Answer 4

The D must enter a building or part of a building (Walkington). There is no definition of building, but most inhabited buildings are covered, outhouses, and vehicles.

Question 5

Define trespass

Answer 5

The D must be a trespasser. Jones and Smith state that you can become a trespasser if you go beyond your permission. D must know they are a trespasser or be subjectively reckless

Question 6

What is section 9 (1) (a) burglary

Answer 6

s9 (1) (a) - entry of a building or part of a building as a trespasser with the intention to steal, inflict GBH or cause unlawful damage

Question 7

What is section 9 (1) (b) burglary

Answer 7

s9 (1) (b) - having entered as a trespasser the defendant commits or attempts to commit theft or GBH

Question 8

What is the difference between section 9 (1) (a) burglary and section 9 (1) (b) burglary

Answer 8

The key difference between the two is the time at which the crime is committed. For s9 (1) (a) the mens rea is formed before entering the building whereas s9 (1) (b) the mens rea is formed whilst in the building