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actus reus, mens rea - Coggle Diagram
actus reus
- S.9(1)(b) ONLY – ULTERIOR OFFENCE
For this type of burglary, D must also commit one of the ulterior offences.
This includes theft, attempted theft, GBH or attempted GBH.
- ENTER
States that the defendant must have “entered” the building.
R v Brown 1985:
Facts: D was guilty of buglary when he smashed the window of an argos and leant into take items even though only his arm had entered the building this was an effective entry as it was enough to allow him to take things
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- Building or Part of a Building
There is no clear definition of what is meant by a building. Clearly this would include things such as a house, office or shop – but other types of structure may be included too.
Stevens v Gourley 1859:
Defined this as “a structure of considerable size and intended to be permanent or at least to endure for a considerable time
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Tells us that the definition includes “Inhabited places i.e. houseboats and caravans which usually would not fall into the definition of a building”
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- As A Trespasser
If D has permission to enter – whether express or implied – or has legal authority to enter (e.g. as a police officer with a warrant) they cannot be guilty of burglar, as they are not trespassing.
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Facts: d climbed a ladder outside a girls window took off hisi clothes but hasd his scks on, where she invited him inside, though tit was her bf and they had sex
Outcome: not charged with burglary but was not found guilty, he was not a trespasser as she had given him permission to enter this still stood even though she had been mistaken about his identity
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Akthiugh he had permissoin to be in his dads house he did not have permissoin in order to steal so he was calssed as a trespasser
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mens rea
- s.9(1)(b) ONLY – Mens Rea of Ulterior Offence
Therefore they do not need intent on entry – instead they only need the mens rea (can be intention or recklessness) for the ulterior crime when they commit it.
Crimes included here are: Theft or Attempted Theft, GBH or Attempted GBH
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s.9(1)(b) burglary is designed to cover opportunistic crimes, where D only decides to commit an offence after having entered as a trespasser.
- Intention or Recklessness to Trespass
D must know they are trespassing OR be subjectively reckless as to whether they are trespassing.
R v Collins 1972:
“there can not be a conviction for entering a premises as a trespasser, unless the person entering did so either knowing they were a trespasser or they were reckless as to whether or not they were entering a premises without the other persons consent”
- s.9(1)(a) ONLY – Intention ON ENTRY to commit an Ulterior Offence
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For s.9(1)(a) all that is required is the intention to commit the offence when D enters the building.
D is still guilty of s.9(1)(a) even if they do not actually commit this offence (e.g. they are caught before they have the chance to steal).
The ulterior offences included here are: Theft, GBH or Criminal Damage
This also includes conditional intent to commit those ulterior offences – e.g. “I will steal something if there is anything worth stealing” or “I’ll beat them up if they are in there”.
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