burglary 9(1)(b)

Question 1

D may be liable for burglary defined under

Answer 1

Section 9(1)(b) of the Theft Act 1968 as when a person,
having entered a building or part of a building as a trespasser, commits or attempts to commit,
theft or grievous bodily harm.

Question 2

The ACTUS REUS is

Answer 2

the entry of a building or part of a building as a trespasser PLUS committing or attempting to commit theft or GBH.

Question 3

There must be

Answer 3

an effective entry, (Brown and in Ryan).

Question 4

Building requires permanence (B and S v Leathley), and can be

Answer 4

just part of the building as in
Walkington. S.9(4) states that it includes inhabited vehicles or vessels eg. caravans and houseboats. Seekings and Gould held that a storage unit with wheels was not a building. Stevens v Gourley described a building as “A structure of considerable size and intended to endure a considerable
time.”

Question 5

A trespasser is

Answer 5

someone who enters a building (or part of a building) without permission, (Collins).
It includes entering with permission then going beyond that permission, (Smith and Jones.)

Question 6

IF A THEFT / ATTEMPTED THEFT:

Answer 6

Here theft was committed [or attempted] as under S.1 D dishonestly appropriated property belonging to another [or attempted to] when he [e.g. took/attempted to take V’s purse].

Question 7

IF GBH/ATTEMPTED GBH:

Answer 7

Here GBH was committed [or attempted] as D caused V serious harm (Smith,
Saunders) when he [eg. broke V’s jaw by hitting him].

Question 8

The MENS REA is

Answer 8

intention or subjective recklessness as to entering as a trespasser, PLUS the mens
rea of theft or inflicting GBH

Question 9

IF THEFT / ATTEMPTED THEFT:
The mens rea of theft

Answer 9

under S.2 is that D must be DISHONEST. The 2-stage test established in Ivey v Genting Casinos (recently confirmed in Barton and Booth) is used. Firstly, the jury must decide what was the actual knowledge or belief of D as to the facts, and secondly, in that context, the jury must decide whether D’s behaviour would be regarded as dishonest by the reasonable, ordinary, decent person.

Question 10

Also, under S.6

Answer 10

there is an intent to permanently deprive by disposing of or treating the property as his own (DPP v Lavender, Raphael, Lloyd) because [eg. D ran away with the purse].

Question 11

IF GBH / ATTEMPTED GBH:

Answer 11

Here, there is the mens rea of inflicting GBH as D had direct intention or subjective
recklessness as to causing some harm (Mowatt, Savage, Parmenter), as defined under S.20 of the Offences Against the Person Act when he [had direct intention (decide to bring about
a consequence) to cause some harm when he punched V hard].

Question 12

TO CONCLUDE,

Answer 12

D will be guilty of burglary under S.9(1)(b).