BURGLARY SECTION9(1)(b)

Question 1

what section does burglary come under and what is the definition (attempt)

Answer 1

Section 9(1)(b) —> when a person, having entered a building as a trespasser, commits or attempts to commit theft or GBH

Question 2

what is the actus reus of section 9(1)(b)

Answer 2

entry of a building as a trespasser plus committing or attempting to commit theft or BH

Question 3

Brown & Ryan

Answer 3

must be an effective entry

Question 4

what does it state about the building in burglary

Answer 4

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 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

if a theft/attempted theft

Answer 6

under S1 d dishonestly appropriated property belonging to another

Question 7

if GBH/ attempted GBH

Answer 7

has committed GHB (or attempted it) as there was serious harm —> smith, saunders

Question 8

what is the mens rea

Answer 8

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

Question 9

theft/attempted support

Question 10

S.6

Question 11

GBH/attempted GBH