Burgulary

Question 1

Burglary section

Answer 1

S.9 theft act 1968

Question 2

Sections

Answer 2

S.9.1 (a) intend to trespass then steals or intends to steal, or inflicts or intends to inflict unlawful damage
S.9.1 (b) enter building or part of building as trespasser, steals or attempts to steal, or inflicts or attempts to inflict GBH on any person in the building

Question 3

3 points

Answer 3

entry
building
trespass

Question 4

entry

Answer 4

must be effective and substantial entry
r v collins - erect penis not substantial entry
r v brown - half body = substantial
r v ryan - head + arms = substantial

Question 5

building/part of

Answer 5

B&S v leathery - freezer - connected to electricity = building
norfolk constalbulary v seekings and gould - lorry trailer had wheels = vehicle
r v walkington - “staff only area”
r v rodmell - shed in garden still trespass

Question 6

trespass

Answer 6

intentionally or recklessly enter property in the possession of another without permission or a legal right to do so
r v collins - given permission to enter for one purpose but enters for another
r v smith + others - TV from smiths fathers house without permission

Question 7

mens rea

Answer 7

intention or recklessness to trespass - r v cunningham
- mr for ulterior offence