Burglary

• Burglary s9 Theft Act 1968 2 types:

  1.       S9(1)(a):

  Enter a building, as a trespasser with intent to steal, inflict GBH or commit criminal damage.
• AR of s9(1)(a):

  Entry must be ‘effective and substantial’ (Collins) and can be where a person is half in (Ryan).
• Mens rea of s9(1)(a)

  Intent to steal, commit GBH or criminal damage.

  Know or be reckless to the fact they are entering as a trespasser.
• 1.       S9(1)(b):

  Having entered a building, as a trespasser and steals or attempts to steal or commits GBH or attempts to do so.
• AR of s9(1)(b):


  Same definitions as S9(1)(a) for entry, building and trespasser.
• Mens rea of s9(1)(b):

  Must have mens rea for theft or GBH

  Know or be reckless to the fact they are entering a building as a trespasser.
• Building –

  defined as a fairly permanent structure.  Can be part of a building (Walkington).
• Trespasser –

  a person who has no permission to be there or has gone beyond their permission (Smith & Jones).