Burglary

• S9 theft act 1968
• s9(1)(a) - d enters any building or part of a building as a trespasser with intent to steal, inflcit gbh or do unlaful damage
• s9(1)(b) having entered as a tresspasser, d steals or attempts to steal anything in the bulding of inflict gbh
• to satisfy the actus reus there must be entry
• entry must be effective (brown)
• jury must be able to find evidence that def entered the building (ryan)
• must have entered a building or part of a building (walkington)
• covers sheds (Rodmell)
• houseboats (Coleman)
• storage unit (Leathley)
• Not a lorry with wheels (Seekings and Gould)
• Must have entered as a tresspasser
• If you have permission you are not a tresspasser (Collins)
• If you exceed permission you are a tresspasser (Smith and Jones)
• Mens Rea - def must be subjectivly reckless as to the tresspassing
• 9(1)(a) def must have intentions to commit one of the four offences at the time of entering
• 9(1)(b) - def must also have mens rea for theft or gbh