... who has permission to enter a building for particular purposes but then exceeds the express or implied conditions of entry will be a trespasser. So whilst the defendant would normally have permission to enter the department store at any time during its opening hours, if he entered the store with the prior intention to steal then it seems quite conceivable that he will be held as a trespasser. It is now important to establish the mens rea of the defendant; at what point did he decide to steal the trousers? Was there an awareness of entering as a trespasser? If the defendant had already decided to steal the trousers prior to entering the store then clearly he is liable for burglary, as he would therefore have had the intention to steal on entry. However even if he did not have the intention to steal upon entering the store, there may still ...

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