burglary s9(1)(a)

Question 1

what is the definition of burglary s9(1)(a)

Answer 1

enter a building or part of a building as a trespasser with the intention to commit theft, GBH, or unlawful damage

Question 2

what are the 3 steps of AR

Answer 2

1. enter
2. building/ part of a building
3. as a trespasser

Question 3

what does building/ part of a building mean

Answer 3

not defined in the theft act
- typically means there must be some degree of permanence to it (leathley)
- s9(4), building include inhabited vehicles and vessels
- if D had permission to enter the building, they will become a trespasser if entering an area not allowed (walkington)

Question 4

what does trespasser mean

Answer 4

D must enter a property without permission/ legal rights to be there, and entry must be voluntary
- D can exceed permission to become trespasser

Question 5

what are the parts of MR

Answer 5

1. intention or recklessness to enter as a trespasser
2. intent to commit theft, GBH, and damage