burglary

• what sections of which legislation govern what burglary is?

  Sections 9 ( 1 a ) and (1 b) of the theft act 1968
• what does section 9 (1) (A) of the theft act 1968 say?

  It relates to the D going into a building asa tresspasser with the intention to commit a specific offence
• what is the actus reus of section 9 (1)(A) of the theft act 1968?

  Where the D enters a building or part of a building as a tresspasser
• What is the men's rea of section 9 (1) (A) of the theft act 1968?

  The D has knowledge or is reckless that he isentering as a trespasser and the D has the intention to commit theft, grievous bodily harm or damage to the building
• what does section 9 (1) (B) of the theft act 1968 say?

  It relates to the committing of a specific offence after entering the building after entering a building as a tresspasser
• What is the actus reus of section 9 (1) (B) of the theft act 1968?

  Where the defendant enters a building or part of it as a trespasser and has the actus reus of theft, grievous bodily harm or attempted theft/attempted grievous bodily harm whilst they are there.
• What is the Men's rea of section 9 (1) (B) of the theft act 1968?

  where the defendant has knowledge or is reckless that he has entered as a trespasser. They also have the mens rea of theft, grievous bodily harm or attempted theft or attempted grievous bodily harm whilst they are there.
• what is the first general element of burglary?

  The defendant entered a building
• What is the significance of the case of r v COllins?

  It will not be a burglary if the defendant as been given permission to enter
• What is the significance of the case of r v brown?

  It shows how it is still a burglary if the defendant is partially inside of the building via a window.
• What is the significance of the case of r v Ryan?

  It is still a burglary if the defendant entered with only their head, and an arm inside of the building
• What is the second general element of burglary?

  The defendant must have entered a building, which was defined by section 9 ( 3 ) of the theft act 1968
• What does section 9 (3) of the theft act 1968 say?

  It gives guidance on what a building is:

  A building is a fixed structure, or substantial portable structure that is used to be lived in
• what is the third general element of burglary?

  The defendant entered as a tresspasser'
• What is a tresspasser?

  Someone who doesnt have express or implied permission to be in the building, or the part of the building they are in
• what is the significance of the case of r v jones and smith?

  It shows how someone can be classed as a tresspasser if they enter the premises for a purpose not specified by the owner
• what is the fourth general element of burglary?

  The defendant has knowledge, or is reckless, of them entering the premises as a tresspasser