Legal Concepts of Burglary

These flashcards cover the key legal concepts related to burglary, focusing on the actus reus, mens rea, and relevant case law.

The Theft act is from what year?

1968

Which case confirms that mere entry into a building without permission can fulfill the actus reus of burglary?

Smith and Jones case confirms this.

What does mens rea in the context of burglary entail?

Mens rea involves intention or subjective recklessness regarding entering as a trespasser, plus intention to commit theft or cause GBH.

What is conditional intent in burglary?

Conditional intent is when the defendant does not know exactly what they will take or who they will harm but is willing to do so if the opportunity arises.

What are the two types of mens rea a burglar may demonstrate?

Direct intention (Mohan) to bring about a consequence or subjective recklessness (Cunningham) by foreseeing the risk and proceeding anyway.

Can a defendant be guilty of burglary if they had no specific intent to steal upon entering?

Yes, under conditional intent, the defendant can be guilty if they planned to steal upon entry.