Burglary: Mens Rea

[Flash Card 1 of 1]

Knowledge or recklessness as to trespassing:

• voluntary / not forced or purely accidental
• subjective recklessness: knows risk but deliberately takes (Cunningham)

S9(1)(a)Theft Act 1968 (TA):

• intent: to commit theft, GBH (S18 OAPA 1861) or criminal damage
• before entering / can be conditional (AG Ref (no 1 & 2 of 1979))

S9(1)(b) TA:

• MR Theft or GBH (or attempted) / once entered
• Theft MR: dishonestly / intention to permanently deprive
• GBH MR: with specific intent (S18 OAPA 1861)

bits of law