burglary

• defined in s9 theft act 1968
• there are two types of burglary

  9(1)(a) and 9(1)(b)
• 9(1)(a) - d enters any building or part of a building as a trespasser with intent to steal, inflict GBH or do unlawful damage to the building or anything in it.
• 9(1)(b) - having entered a building or part of a building as a trespasser, D steals or attempts to steal anything in the building or inflict or attempt to inflict GBH on any person in the building
• for the actus reus there must be entry
• brown - the entry must be effective
• ryan - jury must be able to find evidence that the D has entered the building
• walkington -they must have entered a building or part of the building
• the act doesnt give a basic definition for building
• rodmell - covers sheds
• coleman - covers houseboats
• leathley - storage unit on sleepers with locks and electricity is a building
• seekings and gould - a lorry trailer with wheels is not a building
• they must have entered the building as a trespasser
• collins - if you have permission to be there you are not a trespasser
• smith and jones - can be a trespasser if exceed permission
• mens rea - d must intend or be subjectively reckless as to the trespassing
• must have the intention for the ulterior offence
• for 9(1)(a) - def must have intention to commit one of the three offences at time of entering
• conditional intention is sufficient - can be guilty even if don't steal anything.
• for 9(1)(b) - def must have mens rea for the theft or GBH when committing or attempting to commit the actus reus for one of these offences