The Timing Trap: Why This Burglary Question Defeats So Many SQE Candidates

Best Answer: D

There are two possible forms of burglary under s 9 Theft Act 1968.

Under s 9(1)(a), the defendant must enter a building as a trespasser with intent, at the time of entry, to:

• steal;

• inflict grievous bodily harm; or

• do unlawful damage to the building or anything in it.

Patricia entered as a trespasser, but at the moment of entry she was merely curious and had no intention to steal or cause damage. Her intention to damage the painting arose only after she had already entered.

Therefore, s 9(1)(a) is not satisfied.

Under s 9(1)(b), the defendant must enter as a trespasser and then:

• steal or attempt to steal; or

• inflict or attempt to inflict grievous bodily harm.

Criminal damage is not one of the ulterior offences listed in s 9(1)(b).

Although Patricia may have committed attempted criminal damage, that cannot convert her conduct into burglary under s 9(1)(b).