Burglary

• INTRODUCTION

  Burglary comes from s9(1)(a) and s9(1)(b) Theft Act 1968
• ENTER

  D's entry to the building must be effective (enough to enable an offence) (RYAN)

  D's entry is effective because .....
• BUILDING/PART OF

  A building should have a degree of permanence. Building is an ordinary word left to the jury (BRUTUS & COZENS). D may enter part of a building if he goes somewhere he is not permitted to enter (WALKINGTON).

  ………counts as a building/part of a building.
• WITHOUT CONSENT (TRESSPASS)

  Trespass means to enter without permission. D may become a trespasser if he exceeds his permission in being there (SMITH & JONES ).

  D is a trespasser because…
• MR FOR TRESSPASS

  D must intentionally (knowingly) or recklessly trespass.

  Here D intentionally/recklessly trespasses because…..
• MR FOR S9(1)(a)

  On entry, D intends to commit theft, GBH or unlawful damage.

  When he enters…. D intends to commit….
• MR FOR S9(1)(b)

  After entry, D commits or attempts to commit theft or GBH and has the MR for the offence they committed/attempted.

  When D is in...he commits/attempts

  …….and has the MR for this offence because….
• CONCLUSION

  So, the AR and MR for burglary have been proven