burglary

• Burglary carries a maximum sentence of 14 years imprisonment
• Section 9 (1) (a) defines the actus reus (AR) as entering a building or part of a building with the mens rea (MR) of intent to steal, inflict grievous bodily harm (GBH), or do unlawful damage
• Section 9 (1) (b) states the AR as the defendant having entered a building and stealing, or attempting to steal, anything, or inflicting, or attempting to inflict, GBH
• For entry to be proven, there must be evidence for the jury to find that the defendant had entered
• Regarding being a trespasser, if the defendant has permission, they are not considered a trespasser; however, if they go beyond that permission, they become a trespasser
• In terms of mens rea (MR) for being a trespasser, the defendant must either know or be subjectively reckless as to whether they are a trespasser
• Additionally, the defendant must have the intention at the point of entry to commit theft, GBH, or damage for Section 9 (1) (a), or have the MR for theft or GBH at the point of committing or attempting to commit these offenses in a building for Section 9(1) (b)