Burglary

• s9 Theft Act 1968: "A person is guilty or burglary if they enter any building as a trespasser and with intent to commit an offence mentioned in s9(2) stealing, GBH, criminal damage"
• There are three elements for burglary:

  1. Entry
  2. Building/Part of Building
  3. Trespass
• Entry is there when it has been "effective". "Effective depends on whether enough of the defendant is in the property".

  Collins

  Brown
• s9(3) Building: "building shall apply also to an inhabited vechile or vessel"
• Stevens v Gourley: "A structure of considerable size and intended to be permanent or at least endure for a considerable time"
• Trespassing is someone going beyond the consent they have to enter a building.

  Jones and Smith
• Mens rea for burglary is intent to be reckless that they are a trespasser. They must also commit one of the ulterior offences (theft, GBH, criminal damage)