20 MARKER EXAM TECHNIQUE
When you do your exam, I’d start with my twenty markers as they are worth more marks
and they take longer to do. Whatever topic in the 20 markers you are most comfortable
with, start with them as you will feel more confident when you start writing out your
answer. Below, I will draft out a high level 20 mark answer to a scenario question and do
an analysis to show you where you get our marks. ( OCR LAW PAPER 1 2025 PART
TWO )
In this Question, I will be advising Amos if he is criminally liable for burglary. I will be
discussing the relevant elements needed to establish a burglary conviction and apply
relevant case law principles to advise whether Amos is criminally liable for burglary.
A01
Burglary is an offence which falls under s9 of the Theft act 1968 where it has two
different types of burglar. S9(1)(A) of the theft act where burglary is defined as entering
a building or part of a building as a trespasser with the intent to commit theft, grievous
bodily harm or criminal damage which are offences under S9(2). S9(1)(B) where
burglary is when the Defendant has entered as a trespasser and has committed or
attempted to commit theft or GBH. The actus reus which all elements must be proved to
establish burglary include: Entry, A building or part of a building and Trespasser beyond
lawful permission. In the case of R v Ryan it was established that the entry in the
building or part of a building does not need to be full or substantial to suffice as an entry.
A part of a building can include an area where a lawful visitor is not allowed to enter on
a premises as established in R v Walkington where the defendant entered into an area
where he was not permitted and was convicted of burglary. A defendant is classed as a
trespasser when he enters a premises with the intention to do something, which he
does not have permission to do as established in R v Jones and Smith.
When you do your exam, I’d start with my twenty markers as they are worth more marks
and they take longer to do. Whatever topic in the 20 markers you are most comfortable
with, start with them as you will feel more confident when you start writing out your
answer. Below, I will draft out a high level 20 mark answer to a scenario question and do
an analysis to show you where you get our marks. ( OCR LAW PAPER 1 2025 PART
TWO )
In this Question, I will be advising Amos if he is criminally liable for burglary. I will be
discussing the relevant elements needed to establish a burglary conviction and apply
relevant case law principles to advise whether Amos is criminally liable for burglary.
A01
Burglary is an offence which falls under s9 of the Theft act 1968 where it has two
different types of burglar. S9(1)(A) of the theft act where burglary is defined as entering
a building or part of a building as a trespasser with the intent to commit theft, grievous
bodily harm or criminal damage which are offences under S9(2). S9(1)(B) where
burglary is when the Defendant has entered as a trespasser and has committed or
attempted to commit theft or GBH. The actus reus which all elements must be proved to
establish burglary include: Entry, A building or part of a building and Trespasser beyond
lawful permission. In the case of R v Ryan it was established that the entry in the
building or part of a building does not need to be full or substantial to suffice as an entry.
A part of a building can include an area where a lawful visitor is not allowed to enter on
a premises as established in R v Walkington where the defendant entered into an area
where he was not permitted and was convicted of burglary. A defendant is classed as a
trespasser when he enters a premises with the intention to do something, which he
does not have permission to do as established in R v Jones and Smith.
