Burglary

Question 1

What act is burglary defined under?

Answer 1

S9(1)(a) Theft act 1968: Enter any building or part of building as a trespasser with the intention to commit theft, GBH, unlawful damage

S9(1)(b) Theft act 1968: Enter any building or part of building as a trespasser and commit or attempt to commit Theft or GBH

Question 2

1. Enter (Same for A and B)

Answer 2

D must enter: Entry must be effective (R v Ryan)
Up to jury to decide effective entry
Can include D’s limbs (R v Brown)
Can include objects - extension of D’s body

Question 3

2. Building (Same for A and B)

Or Part of building if mentioned (Same for A and B)

Answer 3

Building - not defined in theft act but building must have some permanence to be a building (B&S v Leathley)

Part of a building - If D has permission to enter building, D will be trespassing if they go into part of building they don’t have permission to (R v Walkington)

Question 4

3. Trespasser (Same for A and B)

Answer 4

D enters property without permission or legal right to be there and entry must be voluntary (R v Collins)

D is a trespasser if:
1) Enters without permission or
2) Having permission ventures into prohibited area or
3) Exceeds permission to be in building and uses it for another purpose

Question 5

Mens Rea for S9(1)(a)

Answer 5

Intention or recklessness to enter as trespasser

Intent to commit theft, GBH, or damage to building

Question 6

4. Actus Reus for committing Theft, GBH (only for B)

Answer 6

Theft: S3 appropriation
S4 Property
S5 Belonging to another

GBH: AR unlawfully and maliciously wounding or unlawfully and maliciously causing GBH

Question 7

Mens Rea for S9(1)(b)

Answer 7

Intention or recklessness to enter as trespasser

If theft: S2 Dishonesty
S6 Intention to permanently deprive

If GBH: S18 intention to cause GBH
S20 Intention or recklessness as to some harm