Burglary

• Two burglary offences?

  • s.9(1)(a) Theft Act 1968
  • s.9(1)(b) Theft Act 1968
• s.9(1)(a) Theft Act 1968?

  D enters a building or part of a building as a trespasser with the intention to steal, cause GBH or do criminal damage.
• AR of s.9(1)(a) Theft Act 1968?

  • Enters – does not need to be effective (Ryan)
  • Building or part of a building
  • Trespasser
• Building or part of a building:

  o Any structure with an air of permanency and must be actively occupied

  o s.9(4) – includes inhabited vehicles and vessels (e.g. caravans and houseboats) o Part of a building does not require a physical barrier (Walkington)
• Trespasser:


  o Collins – a trespasser is someone with no permission to enter

  o Jones and Smith – going beyond permissions makes D a trespasser
• MR of s.9(1)(a) Theft Act 1968?

  • Knowing or reckless as to trespassing (Collins – no MR of trespass if D believes he has permission)
  • Intention to steal, cause GBH or do criminal damage
  • A conditional intent to steal would suffice (AG Ref No 1 & 2 of 1979)
• s.9(1)(b) Theft Act 1968?

  having entered a building or part of a building as a trespasser, D commits or attempts theft or GBH
• AR of s.9(1)(b) Theft Act 1968?

  ● Enter, building / part of building and trespasser same as in s.9(1)(a),

  ● Plus committing / attempting theft, or committing / attempting GBH
• MR of s.9(1)(b) Theft Act 1968?

  ● Knowing or reckless as to trespassing (Collins – no MR of trespass if D believes he has permission)

  ● Plus the MR for the ulterior offence