The Failed Revenge Mission: Is It Criminal Damage or Burglary?
Best Answer: D
A person commits burglary under s 9(1)(a) if they enter a building or part of a building as a trespasser; and at the time of entry intend to:
(a) steal anything in the building,
(b) inflict grievous bodily harm on any person therein, or
(c) do unlawful damage to the building or anything in it.
Here, the student knowingly entered the gallery as a trespasser. Crucially, before entering, she had already formed the intention to slash the painting if she found it. Slashing the painting would constitute unlawful damage to property.
The offence was therefore complete at the moment of entry. It does not matter that she never found the painting or caused any actual damage.
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Why the Other Options Are Incorrect
A is incorrect because attempted criminal damage would require conduct going beyond mere preparation towards damaging the painting. Since she never found the painting and never attempted to damage anything, there is no attempted criminal damage.
B is incorrect because s 9(1)(b) applies only where, having entered as a trespasser, the defendant actually commits or attempts theft or grievous bodily harm. Criminal damage is not an ulterior offence under s 9(1)(b).
C is incorrect because the offence is not attempted burglary. The burglary was completed when she entered as a trespasser with the requisite intent.
E is incorrect because criminal damage is expressly one of the ulterior offences listed in s 9(1)(a). Candidates often confuse this with s 9(1)(b), where criminal damage is not included.
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