burglary

• S9 theft act 1968
• s9(1)(a) - d enters any building or part of a building as a trespasser with intent to steal, inflcit gbh or do unlaful damage
• s9(1)(b) having entered as a tresspasser, d steals or attempts to steal anything in the bulding of inflict gbh
• to satisfy the actus reus there must be entry
• entry must be effective (brown)
• jury must be able to find evidence that d entered the building (ryan)
• must have entered a building or part of a building (walkington)
• act doesn't give the basic def of building
• covers sheds (rodmell)
• houseboats (coleman)
• storage unit (leeathley)
• not a lorry with wheels (seekings and gould)
• must have entered as a tresspasser
• if you have permission you are not a tresspasser (collins)
• if ypu exceed permission you are a tresspasser (smith and jones)
• mens rea - d must be subjectivly reckless as to the tresspassing
• 9(1)(a) def must have intentions to commit one of the four offences at the time of entering
• 9(1)(b) - def must also have mens rea for theft or gbh