Burglary

• Act

  Theft Act 1968, s.9
• S.9(1)(a)


  " entering a building as a tresspasser with the intention to commit theft, GBH or Criminal damage"
• Actus reus- S.9(1)(a)


  • Enters
  • a building or part of a building
  • as a trespasser
• Mens rea- S.9(1)(a)


  • Knowledge or recklessness to his entering as a trespasser
  • With intent to commit theft, GBH or Criminal damage to the building or its contents
• S.9(1)(B)


  " entering a building as a trespasser and steals or attempts to aswell as inflicting GBH within it"
• Actus reus- S.9(1)(b)


  • Enters
  • Building or part of a building
  • As a trespasser
  • Actus reus of theft or GBH or there attempts
• Mens rea- S.9(1)(b)


  • Knowledge or recklessness to his entering as a trespasser
  • Mens rea for theft or GBH
• Enters

  • Must be effective

  R v Brown- only half of his body was in the building, but it was effective so it is still burglary

  R v Ryan - still entering if they get stuck as they had the intention
• Building 


  • Must be a permanent structure
  • House, school, office, warehouse, hospital, caravan
  • Tent would not be a building

  B and S v Leathley- container which had been there for 2 years for storage was classed as a building

  Norfolk Constabulary v Seekings and Gould- Lorry trainer with wheels that was used for storage was not a building as it had wheels which meant it was a vehicle
• As a trespasser 


  • Someone entering a building that they do not have express or implied permission to enter

  R v Jones and Smith- entered in excess of the permission that he had been given to enter

  R v Walkington- trespassing in a shop not in opening times or in the "staff only area"