Burglary s.9(1)(a) requires which of the following as the core element?

• A. Having entered as a trespasser a building/part of building
• B. Left the building without taking anything
• C. Entered a building with the owner's consent
• D. Reported the incident to police

Answer: (A)

The core element being tested is the actus reus: entering a building or part of a building as a trespasser. For burglary under this provision, a person must actually gain entry into the building without permission or beyond permission, so that their entry is unlawful. That trespassory entry is what distinguishes burglary from other offences. The accompanying mens rea is intent to steal or to inflict GBH on anyone inside, but the question focuses on the essential act. If the entry is with the owner’s consent, there is no trespass and the offence cannot be made out under this section. Leaving the building without taking anything doesn’t satisfy the entry element, and reporting to police is unrelated to the burglary actus reus.