Burgularly

Question 1

Introduce

Burgularly

S.9 of Theft Act 1968, S.9(1)(a), S.9(1)(b)

Apart of Burgularly

Answer 1

S.9 - Burgularly can be committed two ways.

S.9(1)(a) and S.9(1)(b)

For both D must enter, the building or part of the building, as a trespasser, with mens rea for entering as trespasser, however the MR generated at different time.

Question 2

Describe

Entry

Ryan

Apart of Burgularly

Answer 2

The D must enter the building or part of the building.

Ryan - Entry does not have to be effective or substantial, it is for the jury to decide.

Question 3

Describe

Building or part of a building
B and S Leathley, S.9(4), Walkington

B and S Leathley - 2 part test, S.9(4), Walkington

Apart of Burgularly

Answer 3

B and S Leathley - Building Test, 
Is it a fairly permanent structure? 
And is it a considerable size?

S.9(4) - Building includes inhibited vehicles and vessels.

Walkington - D can be guilty of bugularly if they enter a part of a building they don’t have permission to enter.

Question 4

Describe

Trespasser

Smith v Jones

Apart of Burgularly

Answer 4

Smith v Jones - D trespasser if, D does not have permission to enter building or part of it, or they exceed their permission.

Question 5

Describe

Trespasser Mens Rea

Collins

Apart of Burgularly

Answer 5

Collins - D must have intention to enter as a trespasser or was reckless as to entering as a trespasser

Question 6

Describe

Mens Rea

S.9(1)(a), S.9(1)(b)

Apart of Burgularly

Answer 6

S.9(1)(a) - The D must have intention to steal/inflict GBH or cause unlawful damage at point of entry (before)

S.9(1)(b) - The D must have intention to steal, inflict GBH or intention to cause unlawful damage once entered the building.

Question 7

Apply to an Exam Question

Flip

Answer 7

Entry

The D entered the building or part of the building when he….

Building

What is the building? Is it a considerable size? A fairly permanent structure?

(If relevant) Which part of building has D entered?

Trespasser

Did D have permission to be in or in part of the building? why?

If have permission did they exceed this? Why?

Mens Rea for trespass

Did D intentionally trespass? Why?
If not was D reckless about being a trespasser? Why?

Mens Rea

9(1)(a) - Did D have intention to steal / cause GBH or Cause Unlawful damage when they entered the building? Why?

9(1)(b) - Did D develop intention to steal / cause GBH or Cause Unlawful damage after they entered the building? Why?

Conclusion

Is D guilty of Burglary? Which type?