Burglary

• What is the actus reus for S.9 (1)(a) burglary?

  • entering
  • A building or part of a building
  • As a tresspasser 
• What is the actus reus for S.9 (1)(b) burglary?

  • Entering
  • A building or part of a building
  • As a tresspasser 
  • Inflict or attempt theft or GBH
• What is the mens rea for S.9 (1)(b) burglary?

  • Intent to steal or inflict GBH
  • Intention to trespass
• What is the mens rea for S.9 (1)(a) burglary?

  • intent to steal, inflict GBH or do unlawful damage 
  • Intention to trespass
• What does it mean to 'enter' for burglary?

   There is no definition in the Theft Act so have to look to case law
• What cases help to define 'entering' for burglary?

  R v Ryan: The D got trapped in a window trying to get into a house, a fire brigade was called to remove him. He was convicted as there was evidence on which the jury found he entered

  R v Brown: The D was standing an ground outside of a shop but was leaning inside through the broken window and was rummaging through the goods. His entry was effective 
• What is a building for burglary?

  This is any dwelling to inhabited place. This is includes outbuildings and sheds thanks to R v Rodmell. 
• What cases help to define a 'building' for burglary?

  R v Coleman: Says a barge can be classified as a building if someone lives there

  R and S v Leathley:  Says a freezer container used for storage for 2 yrs, had doors and locks and electricity classed as a building

  Seeking and Gould: Says a lorry used for storage isn’t a building as it is a vehicle
• What does 'part of a building' mean for burglary?

  This covers situations in which the D may have permission to be in one part of the building but not another part
• What case supports the definition of 'part of a building' for burglary?

  R v Walkington: D reached behind a cash register is clearly out of bounds to the public. Highlighted how a physical barrier isn’t needed.
• What does it mean to be a 'trespasser' for burglary?

  if a person doesn't have permission to enter they are a trespasser
• What cases support the idea of 'trespassing' for burglary?

  R v Collins: D was drunk and wanted sex. He saw an open window so climbed up to it and saw a naked girl asleep. He took is clothes off and the girl invited him in as she thought it was her boyfriend. D was convicted but appealed as he was let in. So in order for burglary they must trespass and be aware of that trespassing. D was not guilty as he was invited in

  R v Jones and Smith: D’s went to Smith’s fathers house in the night and stole 2 TVs without permission. V said that his son would of have permission to enter but not to steal the TVs. The Court of Appeal stated D’s went beyond permission.