Burglary

• s.9 Theft Act 1968: 'A person trespasses into property and commits an ulterior offence'
• AR: Entry

  • D must enter a building or part of a building as a trespasser
  • Ryan - The entry need not be 'effective' or 'substantial'
• AR - Building or part of a building

  • s.9(4) includes 'inhabited vehicles or vessels'
  • Part of a building covers having permission to be in one part of the building but ventures into another part where there is no permission - Walkington
• AR: Trespasser

  • D must enter the building or part of a building as a trespasser
  • Enters without permission to be there
  • Having permission ventures into a prohibited area
  • Exceeds his permission and uses it for another purpose - Smith and Jones
• MR:

  • Intent to trespass
  • s.9(1)(a) - D enters a building or part of a building with the intent to commit theft, GBH or criminal damage
  • s.9(1)(b) - Having entered a building or part of a building as a trespasser, D attempts to steal, inflicts GBH or attempts to inflict GBH
• If D enters a building with the intention to commit either theft, GBH or criminal damage, they will be liable for s.9(1)(a) but when they actually commit the offence, will be liable for s.9(1)(b) as well
• If D enters a building with the intention to commit either theft, GBH or criminal damage, they will be liable for s.9(1)(a) but if they do not manage to commit the offence, they will only be liable for s.9(1)(a)
• If D enters a building with the intention to commit either theft, but is unsuccessful and commits criminal damage instead, they will be liable for s.9(1)(a) and criminal damage because s.9(1)(b) does not cover criminal damage
• If D enters a building with the intention to commit either theft but is unsuccessful and commits GBH instead, they will be liable for s.9(1)(a) and s.9(1)(b) as it covers GBH