Burglary

Question 1

what section covers burglary

Answer 1

s9 Theft Act 1968
s9(1)(a)
s9(1)(b)

Question 2

s9(1)(a)

Answer 2

enters any building or part of a building with the intent to steal, inflict GBH or do any criminal damage

Question 3

s9(1)(b)

Answer 3

having entered a building or part of a building as a trespasser, he steals or attempts to steals anything in the building or attempts to inflict GBH on any person in the building

Question 4

Entry
Ryan
Horncastle

Answer 4

• entry needs not be substantial, just effective
• demonstrates effective entry

Question 5

Building or part of a building
s9(4)

Answer 5

-includes inhabited vehicles or vessels such as caravans and houseboats

Question 6

Coleman
Rodmell
Norfolk Constabulary v Seekings an Gould
B and S v Leathley
Walkington

Answer 6

• a houseboat is a building
• a shed is a building- lorries which are resting on wheels are not inhabited vehicles so not a building
• inhabited vehicles remain inhabited even if they are empty
• a part of a building is somewhere you are not permitted to go

Question 7

Trespasser
Collins
Smith and Jones

Answer 7

• not a trespasser if you have permission
  -going beyond permission granted is trespassing

Question 8

Mens Rea
(a)
(b)

Answer 8

• intent to steal/GBH/criminal damage
  intent of recklessness as o being a trespasser, Collins
• attempts(or carries out) to steal/GBH
  Intent or recklessness as to being a trespass, Collins

Question 9

Direct intent
Indirect
Recklessness

Answer 9

R v Mohan
R v Woolin
R v Cunningham