BURGLARY Section9(1)(a)

Question 1

what section does burglary come under and what is the definition

Answer 1

Section 9(1)(a) of the theft act 1968 —> the entry of a building or part of a building as a trespasser, with intent to steal, inflict GHB cause unlawful damage

Question 2

what is the actus reus of burglary

Answer 2

is the entry of a building as a trespasser

trust be effective —> Brown and in Ryan

Question 3

what does it state about the building in burglary

Answer 3

requires permanence ( B & S v Leathley) & can be just part of the building as in Wilkington —> S9(4) includes inhabited vehicles or vessels e.g Caravans & houseboats

Seeking & Gould held that a storage unit with wheels wasn’t a building

Question 4

what does Steven’s v Gourley describe buildings as

Answer 4

a structure of considerable size & intended to endure a considerable time

Question 5

what is a trespasser

Answer 5

someone who enters a building (or part of a building) without permission (collins). includes entering with permission but going beyond that permission (smith & jones)

Question 6

when is the actus reus complete

Answer 6

on entry

Question 7

what is the mens rea burglary

Answer 7

intention or subjective recklessness as to entering as a trespasser plus intention at the point of exerting to steal or inflicting GHB & causing unlawful damage

Question 8

what does the AGs Ref NOs 1 & 2 of 1979 state

Answer 8

conditional intent is enough

Question 9

mohan

Answer 9

direct intent

Question 10

cunninghan

Answer 10

subjective recklessness