Burglary 9(1) (a) & 9(1) (b)

Mens Rea and Actus Reus for Burglary

Burglary 9(1)(a)

  • Type one Burglary is contained under section 9(1) (a) of the Theft Act 1968- the maximum sentence 14 years for a dwelling and 10 years where it is not a dwelling
  • Mens Rea;
    • Intention to commit burglary before or on entry
    • Intention or subjective recklessness to the tresspass
    • Mens rea of theft, CD and s20 GBH
  • Actus Reus; Entry, Building and Trespassper
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  • Entry is not defined in the act but several case have developed the law;
  • R v Collins- the defendant was acquitted if burglary as entry has to be effective and substantial- there has to be enough of you in the building to commit the crime intended
  • R v brown- the defendant was convicted of burglary and the court said entry had need only be effective
  • R v Ryan- the defendant was convicted of burglary and the court said entry doesn't need to be effective or substantial just need proof of entry
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  • A building includes a structue of a considerable size and intended to be permanently or to last a reasonable length of time.
  • R v Walkington- includes part of a building- went behind counter.
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  • If the defendant is invited into the property but commits an act which the owner would not consent to then the defendant can become a trespasser.
  • R v Jones and Smith- the defendant was convicted of burglary as her bacame a trespaser as he knew the owner would not consent to his action
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Burglary 9 (1) (b)

  • Burglary type 2 is contained under section 9(1) (b) od the Theft Act 1968
  • Doesnt have to be any intention to commit burglary on entering the building this can come at a later date.
  • The prosecution must prove all elements of theft and section 20 GBH.
  • The mens rea is the same as burglary 9(1)(a)
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Section 20 GBH

  • Actus reus of Section 20 GBH; Inflicting GBH or wounding,
  • the meaning of grevious is illustrated in DPP V smith
  • R v Martin and R v Wilson both ilustrate the difference between inflicting and causingfor GBH
  • Section 20 GBH includes recklessness whereas section 18 doesnt.
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