Burglary

• Burglary - s.9(1)(a) and s.9(1)(b) - AR

  Both have the same AR.

  D must enter a building or part of a building as a trespasser
• Burglary - s.9(1)(a) and s.9(1)(b) - MR

  2 elements:

  D must know they are a trespasser or be subjectively reckless as to whether they are trespassing
• Burglary - s.9(1)(a) - MR


  Requires (at the same time of entry) intention to steal anything in the building or commit GBH pt cause criminal damage
• Burglary - s.9(1)(b) - MR


  Required the intention to steal anything in the building or inflict GBH
• Burglary - 1st element

  Ryan

  There must be evidence of entry
• Burglary - 2nd element


  The entry must be of a building or part of a building

  s.9(4) - allows inhabited vehicles/vessels to be buildings (B and S v Leathley)

  —> but not uninhabited vehicles (Norfolk Constabulary v Seekings & Gouls)

  Out of bounds can be part of a building (Walkington)
• Burglary - 3rd element

  D must be a trespasser.

  Colin

  -> Must not have been invited

  Smith and Jones

  -> can become a trespasser if they go beyond permissions
• Burglary - MR 


  -> D knows or is reckless as to whether they are a trespasser

  AND s.9(1)(a) they intend to steal, inflict GBH or commit criminal damage at entry

  OR s.9(1)(b) MR of theft or GBH is present