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Burglary (Why two offences? (Entering as a trespasser, but without…

- - - - Firearm or imitation - s10(1)(a)
      - Weapon of offence - s10(1)(b)
        
        Any item made, intended or adapted for use to injure or incapacitate - s10(1)(b)
        
        Having item with you "at the time" - see R v O'Leary
      - Explosive - s10(1)(c)
  - - - R v Stones - said only had knife for self-defence - held that phrase "intended by person having it with him for such use" doesn't require proof that the intended use was with respect to the particular burglary
      - R v Kelly - can become weapon at time of theft
- - - - Actus Reus - D enters a building (or part) as a trespasser
        
        "Enters"
        
        R v Collins - "effective and substantial entry"?
        
        R v Brown - "effective entry"? - arm through broken window - substantial doesn't matter
        
        R v Ryan - got head and one arm stuck in window - Court of Appeal held partial presence only is required and it didn't matter that D wasn't physically able to steal from property
        
        "A building"
        
        Stevens v Gourley - "I may venture to suggest that by 'a building' is usually understood a structure of considerable size, and intended to be permanent, or at least endure for a considerable time" - per Byles J
        
        B&S Leathley - freezer container used to store food detached from chassis and resting on railway sleepers - had been there for two years, had electricity and was 25x7 sq feet - building
        
        Norfolk Constabulary v Seekings & Gould - two containers, still on chassis, behind supermarke and used for temporary storage - not buildings and burglary could only have been committed if they were inhabited
        
        "Part of a building" - R v Walkington - knew he wasn't allowed in till area
        
        S9(4) - includes an inhabited vehicle or vesel, whether the person living there is present at the time or not
        
        "As a trespasser" - R v Collins
        
        Exceeding permission
        
        R v Jones and Smith - invited into house of father but exceed permission when stole televisions
        
        Barker v R
        
        R v Walkington
      - Mens Rea - knowledge or recklessness as to trespass, with intention to commit an offence as listed in s9(2)
        
        Knowledge/recklessness as to trespass - R v Collins
        
        Intention to
        
        Steal
        
        Inflict GBH
        
        Do unlawful damage
        
        S9(2)/A-G's Reference (No 1&2 of 1979) - conditional intent allowed
    - - Actus Reus
        
        Enters
        
        As a trespasser
        
        Building or part
        
        Either
        
        Steals or attempts to steal, or
        
        Inflicts or attempts to inflict GBH
      - Mens Rea
        
        Knowledge/recklessness as to trespassing
        
        Mens rea for GBH/theft
        
        But see R v Jenkins re MR for GBH - only relates to level of harm, not to offence itself