burglary

Question 1

s.9(1) (a)

Answer 1

enters any building / part of as a trespasser with intent to commit theft, inflict GBH or doing unlawful damage

Question 2

s.9(1) (b)

Answer 2

enters any building / part of as a trespasser and steals or attempts steal anything in the building/part of or inflicts/attempts to inflict GBH on anyone in there

Question 3

entry

Answer 3

not defined in the theft Act
entry must be ‘‘sufficient’’ but this is for the jury to decide

Question 4

R v Collins

Answer 4

'’an effective and substantial entry’’
D was drunk and climbed a ladder to look into a girls room, where she helped him in thinking it was her boyfriend
s.9(1)(a) entered as a trespasser with intent to rape

Question 5

R v Brown

Answer 5

CofA said ‘‘substantial’’ didn’t assist the definition of entry
D was able to handle the goods through the window, even though he was standing on the ground outside

Question 6

R v Ryan

Answer 6

the need for ‘‘effective’’ entry not followed - D couldn’t do anything as he was stuck
his head and right arm had entered but the fire brigade had to remove him

Question 7

Any building or part of a building

Answer 7

fairly permanent structure
s.9(3) buildings include houses, offices, shops, vehicles or vessel that is inhabited
s.9(4) extended the meaning of building to include caravans etc.

Question 8

B+S v Leathley

Answer 8

a 25ft freezer container had been used as storage for 2yrs. t rested on sleepers, had doors with locks and connected to electricity
held to be a building

Question 9

R v Walkington

Answer 9

D went into a shop during opening hours, he then went into a partitioned off section of the shop and opened a till to see if there was any money to steal.
sectioned off bit was part of a building

Question 10

Norfolk constabulary v Seekings

Answer 10

trailer with wheels, used as storage over a year and had electricity but wasn’t classed as a building as it had wheels

Question 11

as a trespasser

Answer 11

a person who;
> doesn’t have owners permission to be in the building
> no permission to be in part of a building
> has permission for one purpose but does something else

Question 12

Jones and Smith

Answer 12

D took 2 TVs from stepfathers house without knowledge or consent.
Ds were convicted of burglary despite the fact the father stated his son ‘‘would never be a trespasser in his home’’

Question 13

mens rea

Answer 13

D must know, or be subjectively reckless to whether they are trespassing - in both sections

Question 14

MR s.9(1)(a)

Answer 14

must have intention to commit one of three offences at the time of entering the building
conditional intent - entering intending to steal anything worth taking, even if they don’t steal anything

Question 15

MR s.9(1)(b)

Answer 15

mens rea for;
>theft - dishonestly = Ivey test , intention to permanently deprive
> GBH-
s.18 specific intent to inflict GBH
s.20 intention or recklessness as to whether some harm is caused