Burglary

• Act that defines burglary

  Section 9(1) of the Theft Act 1968
• Section 9(1)(a)

  A person is guilty of burglary if;

  (a) He enters any building or part of a building as a trespasser with the intent to steal, inflict GBH or unlawful damage
• Section 9(1)(b)

  (b) Having entered into any building or part of a building as a trespasser, he steals or attempts to steal or inflicts or attempts to inflict grievous bodily harm.
• They key difference between the two ways of committing burglary (Section a and b)

  s9(1)(a) - the actual offence doesn't need to be committed, you only need the intention at the time of entry.

  s9(1)(a) - Needs no intention at the time of entry. Only includes GBH and theft NOT criminal damage
• Common elements of burglary s9(1) (a) & (b)

  - Has to be an entry.

  - A building or part of a building.

  - As a trespasser.

  - Intention or recklessness as to trespass/have the mens rea of a trespasser.
• Actus reus for S9(1)(a)

  - Has to be an entry.

  - A building or part of a building.

  - As a trespasser.
• Mens rea for S9(1)(a)

  - Intention or recklessness as to trespass/have the mens rea of a trespasser.

  - Intention at the time of entry to commit theft, GBH or criminal damage.
• Actus reus for S9(1)(b)

  - Has to be an entry.

  - A building or part of a building.

  - As a trespasser.

  - Actus reus of theft or GBH.
• Entry


  In order for there to be a burglary, the defendant must enter the property.

  R v Ryan - 'Entry' is a question of fact for the jury to decide.
• R v Ryan (1996)


  - 'Entry' is a question of fact for the jury to decide.

  - There is no need for an effective entry.

  - No need for D to be capable of committing an ulterior offence.
• Building or part of a building

  Must enter a building and it must be fairly permanent for a considerable amount of time
• R v Walkington 1979


  Took money from a till

  He entered a part of a building as a trespasser with intention to steal
• As a tresspasser


  Trespasser means not having permission/authority to be somewhere.

  - No permission

  -Permission for one area but ventures elsewhere

  -Exceeds given permission
• R v Smith and Jones 1976


  D went to fathers house in the middle of the night with friend and stole two TVs. He had general permission to enter as he had left home but was allowed to visit.

  They went beyond the permission granted/exceeded permission and therefore were trespassers.
• Mens rea for S9(1)(b)

  - Intention or recklessness as to trespass/have the mens rea of a trespasser.

  - Mens rea of thest or GBH
• R v Collins 1972


  Entered woman's room then she realized it was not him

  She invited him in technically