Law burglary

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  • Burglary - Theft Act 1968 S9
    • S 9 (1) (a):    D enters (part of) a       building as a trespasser with intent to steal, or inflict GBH, or do unlawful damage
      • P must prove D intended to commit 1/3 ulterior offences: no requirement to prove AR of offence/ attempt
      • Entry
        • No statutory definition
          • Question of fact for jury to decide
        • Sufficient that there is evidence of entry - need not be effective (R v Ryan)
      • Building (part of)
        • Question of fact for jury to decide
        • Reasonable permanence  Including outbuildings  Not necessarily inhabited
        • Building must be permanent or intended to endure for some time (Stevens v Gourley)
        • Freezer container used for storage = building (B&S v Leathley)
        • Lorry trailer with wheels = not a building (Norfolk Constabulary v Seekings)
        • Part of: where D permitted to be in 1 part of building but not elsewhere ( R v Walkington - customer in shop, not authorized in counter)
    • S 9 (1) (b): Having entered (part of) a building as a trespasser, he steals (or attempts) or inflicts GBH
      • P must prove all elements of theft/ (attempted theft) or infliction of GBH/ (attempted)
    • Trespasser
      • D is a trespasser when D knows he is or D is subjectively reckless as to whether he is trespassing (R v Collins)
      • D may be a trespasser where he goes beyond permission to be in building (R v Smith and Jones)
    • AR of completed offence
      • Where D charged under s 9 (1) (b), P must prove AR o ftheft or inflicting GBH to V
    • Mens Rea
      • s 9 (1) (a +b) : D knew/subj reckless as to trespassing
        • AND s 9 (1) (a): intent to commit ulterior offence: steal/inflict GBH/do unlawful damage
          • OR s 9 (1) (b): MR of ulterior offence: theft (attempted) - dishonest + IPD  or infliction of GBH (attempted) and intent.

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