Burglary

Question 1

What is the AR for s 9(1)(a) burglary?

Answer 1

• the defendant enters
• a building or part of a building
• as a trespasser

Question 2

What is the MR for s 9(1)(a) burglary?

Answer 2

(1) knowing or being reckless as to entry as a trespasser

(2) at the time of entry D intended to

• steal anything in the building or part of the building
• inflict grievous bodily harm on any person in the building or part of the building or
• damage unlawfully the building or anything therein

Question 3

What is the maximum sentence for burglary of a dwelling?

Answer 3

14 years

Question 4

What is the maximum sentence for part of a building that is not a dwelling?

Answer 4

10 years

Question 5

When is a section 9(1)(b) burglary committed?

Answer 5

On entry - if all elements satisfied

Question 6

What amounts to entering for burglary?

Answer 6

Any partial presence of body in building eg just arms or legs - does not have to be full body

Question 7

What is a building for the purposes of burglary?

Answer 7

• includes any inhabited vehicle or vessel - whether person living there is present at time or not
• question of fact
• structure of considerable size and intended to be permanent or at least endure for a considerable time
• freezer container that was positioned on ground, hooked up to electricity and been there for two years was a building
• container that was still on their chassis not a building

Question 8

What is part of a building?

Answer 8

Question of fact for the jury.

Likely to be distinct separate area of building

Question 9

When will someone be a trespasser?

Answer 9

• when they enter building/part of a building without consent
• when they enter in excess of the consent given to them

Question 10

What is the mens rea requirement for section 9(1)(b) that D enters knowing or being reckless that the entry was a trespasser?

Answer 10

Need not be proven that D knew in law he was a trespasser. D simply has to know or be reckless as to the facts which make them a trespasser, eg acting in excess of building

Question 11

Will conditional intent for the ulterior offences count as intent for s 9(1)(a) ie would only steal on entering if they find anything worth stealing?

Answer 11

Yes - would count as intention

Question 12

What is the AR for s 9(1)(b) burglary?

Answer 12

(1) D entered

(2) a building or part of a building

(3) as a trespasser

(4) D did one of the following:

• stole something from the building or part of the building
• attempted to steal something from the building or part of the building
• inflicted GBH on any person
• attempted to inflict GBH on any person

Question 13

What is the MR for section 9(1)(b) burglary?

Answer 13

• knowing or being reckless as to entry as a trespasser
• mens rea for theft (if that is the ulterior offence)

Question 14

When is a s 9(1)(b) burglary committed?

Answer 14

Committed when once inside the building, having entered as a trespasser, D goes on to commit theft or GBH or attempt to commit these offences

Question 15

What will amount to infliction of GBH?

Answer 15

Either section 18/20 as specifies that needs to indent to inflict GBH - GBH being level of harm rather than specific offence