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Review Your SQE 1 Practice Records

Timing: 00:00:00

Three men and a woman enter an office where the woman works between 9am-5pm, Monday to Friday. The group enter the office at 10pm on a Saturday night to have a party. The woman lets them in using her keys. After half an hour, they become bored and one of the group suggests that they look around to see if there is any alcohol they can steal. Whilst inside the office, the group searches through the drawers and find some whisky which they drink. They also find £300 which they steal. Which of the following best describes whether they are guilty of burglary?

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Under Section 9 of the Theft Act 1968, a person is guilty of burglary if they enter a building as a trespasser with the intent to steal, inflict grievous bodily harm, or commit unlawful damage. In this scenario, the woman had permission to enter the office during working hours, but entering at 10pm on a Saturday night was outside the scope of her permission. Therefore, she and the others entered as trespassers. Once inside, they committed theft, which satisfies the actus reus and mens rea for burglary. Thus, they are all guilty of burglary. 

Key Point: For burglary, the prosecution must prove that the defendants entered a building as trespassers and subsequently committed or intended to commit theft, grievous bodily harm, or unlawful damage. Entering with permission limited to specific times makes entry outside those times a trespass.

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