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Burglary, Entry, Trespasser, Actus Reus - Coggle Diagram
Burglary
Mens Rea
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PLUS knowledge that they are a trespasser or recklessness (realising the risk and going on to take that risk - Cunningham)
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Building
A building is a structure with a degree of permanence designed to endure for some time. (Stevens v Gourley).
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Mens Rea
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This means it can be a vague intention, anything that is worth stealing will do.
PLUS knowledge that they are a trespasser or recklessness (realising the risk and going on to take that risk - Cunningham)
S 9(1)(a)
A person is guilty of burglary if he enters a building or part of a building as a trespasser with intent to commit theft, gbh or criminal damage.
S 9(1)(b)
A person is guilty of burglary if having entered any building or part of a building as a trespasser he steals or inflicts gbh or attempts either.
Entry must be ‘effective’ not substantial (Brown). It is effective if it allows the D to be in a position to steal.
Only a part of D’s body has to be inside the building to amount to an entry (Ryan).
A person with no permission or legal right to be at that place. Can be a trespasser if he has permission to be there but exceeds the permission (Jones & Smith).
Intends or is reckless as to facts that make him a trespasser (Collins).
Entry of a building or part of a building with intent to steal, commit GBH or criminal damage.
Actus reus - entry of a building or part of a building as a trespasser - already explained above
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