Burglary

Question 1

Definitions

Answer 1

S.9 Theft Act 1968
- S.9(1)(a) = enters building/part of building, as a trespasser, with intent to commit ulterior offence (theft, GBH, criminal damage)
S.9(1)(b) = having entered building/part of building, as a trespasser, commits/attempts to commit ulterior offence (theft, GBH)

Question 2

AR

Answer 2

Enters building/part of building as a trespasser
- Entry = effective not substantial (Brown, Ryan)
- Building (S.9(4)) = inhabited vehicle/vessel, structure of permanence (caravan, boathouse), (R+S v Leathley, Norfolk Const v Seeking + Gould)
- Part of = denied access (Walkington)
- Trespasser = without/exceeds permission (Smith + Jones, Barker v R)

Question 3

MR

Answer 3

• Trespasser = knows he is a trespasser/is subjectively reckless as to being one
• MR for ulterior offence (a = before entering) (b = after entering)