Burglary

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  • Burglary
    • Burglary is found under S.39 of the Theft Act 1968
    • There are two different ways in which a burglary can be committed either under S9(1)(A) or S9(1)(B
    • S9(1)(A)  = a person enters a building or part of a building as a trespasser with the intent to steal, inflict GBH or do criminal damage
      • Emphasis on the mens rea
      • With S9(1)(A) the defendant must intend one of the three offences at the time of entering, however the offences dont have to occur once inside
    • S9(1)(B) = a person having entered a building or part of a building as a trespasser you steal or inflict GBH
      • Emphasis on the acts reus
      • With S9(1)(B) what the defendant intends when entering is irrelevant, you just have to prove they committed or attempted theft or GBH
    • Actus Reus consists of 3 elements: (Entry, Building, Trespasser)
    • Entry
      • Entry is not defined in the theft act, there are just cases to clarify the meaning
      • Collins = entry must be effective and substantial
      • Brown = entry was modified to just effective
      • Ryan = entry was established even though entry was no effective, only head and right arm
    • Building
      • Building has an extended meaning, including caravans, sheds
      • No basic definition of a building
      • B & S Leathley = 25 foot freezer, on sleepers and connected to electricity was held to be a building
      • Norfolk V Seeking Goulf = lorry trailer with wheels was held not to be a building but  a vehicle
    • Part of a Building
      • Walkington: went into counter area of a shop opened the till, counter are was not an area permitted for customers
    • Trespasser
      • Collins stated a trespasser is where the defendant knew he was trespassing or being reckless
      • Defendant may even have permission to be there, but will become a trespasser if they go beyond their permission (Smith & Jones)
    • Mens Rea:
      • There are two parts to the mens rea
      • Defendant must know or be reckless that they are entering as a trespasser
      • S(9)(1)(A)= there must be intent to steal or inflict GBH or do criminal damage
      • S9(1)(B) there must be mens rea for theft or GBH at the time of committing that offence

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