Burglary Quiz 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: une-meduseCreated on: 02-06-13 20:37 The key elements of burglary are Entry, building or part of a building, as a trespasser, mens rea 1 of 15 For entry, there must be evidence for the jury to find the defendant had entered Ryan 2 of 15 The building includes an inhabited vehicle or vessel S9 (4) Theft Act 3 of 15 The building must have some permanence, a freezer container is a building B and S v Leathly 4 of 15 The building must have some permanence, a lorry trailer with wheels is not a building Norfolk constabulary v Seeking and Gould 5 of 15 The defendant may have permission to be in one part of a building but does not have permission to be in another part Walkington 6 of 15 If a person has permission to enter they are not a trespasser Collins 7 of 15 Where the defendant is given permission to enter, but goes beyond that permission he may be considered a trespasser Smith and Jones and Barker v R 8 of 15 For S9 (1) a) the defendant must have the intention for the ulterior offence Before entering, or at the time of entering, there is no requirement for the offence to actually be committed or even attempted 9 of 15 For S9 (1) b) it is more important to prove That the ulterior offence was committed or attempted, it does not matter where the intention occured 10 of 15 For S9 (1) a) the ulterior offences are Theft, GBH, criminal damage 11 of 15 For S9 (1) b) the ulterior offences are Theft, GBH 12 of 15 For both S9 (1) a and S9 (1) b) the defendant must Know or be subjectively reckless as to whether he is trespassing 13 of 15 S9 (1) a) has the additional mens rea of intention to commit an ulterior offence Before or at the time of entering 14 of 15 For S9 (1) b) there is the additional mens rea of Attempting to commit Theft or GBH when in the building 15 of 15
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