BURLGERY

Question 1

9(1) Theft Act 1968

Answer 1

Sets out the two types of burglaries and states the 4 common
elements are entering a build/part of one as a trespasser, with the mens rea to trespass

defines burglary

Question 2

R v Ryan

Answer 2

Entry does not need to be full or effective, but can include
extensions of D’s body (ie a tool).

Question 3

B &S v Leathley

Answer 3

A building is something with a high degree of permanence

Question 4

S9(4)

Answer 4

Inhabited vehicles and vessels can also count as buildings.

Question 5

R v Laing

Answer 5

Separate rooms within a building can count as different parts of a building

Question 6

R v Walkington

Answer 6

Separate areas within the same room can still be different parts of a building

Question 7

R v Smith and Jones

Answer 7

A trespasser is anyone who enters a place in excess of their
permission (or for reasons beyond their permission)

Question 8

R v Collins

Answer 8

If D truly does not think they are a trespasser, they have no mens rea to trespass

Question 9

S9(1)(a)

Answer 9

Where D intends to commit an offence from s9(2) (theft, GBH or criminal damage) at the time of entry

Question 10

AG Ref (No 1 and 2 of 79)

Answer 10

Conditional intent is enough for 9(1)(a) burglary

Question 11

S9(1)(b)

Answer 11

Where commits or attempts theft or GBH AFTER entry

dpp v smith