Under Burglary Section 9(1)(a) with intent, which elements must be proven?

• A. Date & location; Enter as a trespasser a building or part of building; With intent to Steal or inflict GBH therein or commit damage
• B. Date & location; Enter by breaking a window; With intent to steal
• C. Time of day; Break into vehicle; With intent to commit any crime
• D. Admitted to being inside; With intent to vandalize

Answer: (A)

The test is about the three elements that make up burglary under section 9(1)(a): entry into a building or part of a building; that entry must be as a trespasser; and at the time of entry there must be intent to steal anything in the building, or to inflict grievous bodily harm, or to damage the building or anything in it. The crucial point is the trespasser status and the specific intent linked to that entry. If someone has legitimate right to be inside or doesn’t intend to commit one of those offenses, it wouldn’t meet the burglary definition.

The best option reflects those core elements: entering a building or part of a building as a trespasser, with the intent to steal, or to inflict GBH, or to damage. Time of day, how the entry was achieved (for example, by breaking a window), or entering a vehicle aren’t essential elements of the offense. Being inside and intending to vandalize, without establishing trespass and the exact listed intents, would not by itself satisfy the burglary criteria.