Burglary

• Burglary


  s.9(1)(a) and s.9(1)(b) Theft Act 1968
• s.9(1)(a) Theft Act 1968


  - anyone who enters any building as a trespasser with the intention to commit theft, inflict grievous bodily harm, cause criminal damage

  - must intend at time of entering, no need for offences to be committed or attempted
• s.9(1)(a) actus reus


  enters a building or part of a building as a trespasser
• Enters


  the entry must be effective
• R v Brown 1985


  leaning inside is effective entry
• Entry examples


  - houses, offices, factories, sheds, inhabited vehicle or vessel

  - must be a semi-permanent structure
• B and S v Leathley 1979

  - 25 foot long freezer container used as storage facility

  - rested on sleepers

  - had doors with locks and had electricity

  - held to be building.
• Norfolk Constabulary v Seekings and Gould 1986


  - lorry trailer with wheels used as storage, connected to electricity supply

  - fact it had wheels meant it remained a vehicle, not a building
• A building/part of a building


  you may only have permission to enter specific parts of a building
• R v Walkington 1979


  - opened till behind clearly marked counter

  - conviction for burglary upheld as entered a part of building as a trespasser with the intention of stealing
• As a trespasser


  a person without permission to enter a building or part of a building will be classed as a trespasser
• R v Jones and Smith 1976


  - went to home of parent and stole television sets

  - father stated son had permission to be in house

  - Ds exceeded permission by stealing and being trespassers
• Beyond the permission


  once you are inside the building and go beyond the permission given, you will be a trespasser
• s.9(1)(a) mens rea


  1. intention or recklessness as to the trespass

  2. intention to commit theft, GBH or criminal damage
• s.9(1)(b) Theft Act 1968


  - having entered any building or part of a building as a trespasser

  - they steal, attempt to steal or inflicts or attempts to inflict GBH

  - what the D intended on entry is irrelevant
• s.9(1)(b) actus reus


  - enters a building or part of a building as a trespasser

  - same as s.9(1)(a)
• s.9(1)(b) mens rea


  1. intention or recklessness as to the trespass

  2. mens rea for theft/GBH or attempted theft/GBH - doesn't need to be present at the time of entry but when the offences are committed/attempted