Burglary Knowledge Summary

• The D could be convicted of the triable-either-way property offence of burglary under s.9 of the Theft Act 1968.
• Actus Reus

  1. Enters/Entry - originally considered in Collins as 'effective and substantial.' It was then adapted in Brown as 'effective.' Ryan has confirmed that the term entry should be given its ordinary meaning and is a matter for the jury to decide.
• 2. A Building - defined in Stevens v Gourley as a 'structure of considerable size... intended to be permanent.' S.9(4) gives an extended meaning to the word building so that it includes inhabited places such as houseboats or caravans. Rodmell - a shed can be a building. B & S v Leathley held that a freezer container was a 'building' as the wheels had been removed, but in Norfolk Constabulary v Seekings and Gould a trailer was not a 'building' as it had wheels.
• Part of a building - when a building is open to public access such as shop, library, college etc. The defendant must be charged with entering the part of the building which is off limits (such as the stock rooms, staffroom or behind a till) even if he is inside a building otherwise open to the public (Walkington).
• 3. Trespasser- entering without permission (Collins). A defendant can also become a trespasser if they go beyond/exceed the permission authorised as in R v Smith and Jones or if only had permission for a limited amount of time/purpose e.g. at a concert.
• Mens Rea

  1. Intentional or Reckless Trespassing - the defendant must have known they were a trespasser or there was a risk they were a trespasser and continued to take the risk.
• 2. S.9(1)(a) - a person is guilty of burglary if he enters any building or part of a building as a trespasser with the intention to steal; inflict on any person GBH or do unlawful damage to the building or anything in it. It is irrelevant whether he does go on to commit those offences.

  S.9(1)(b) having entered any building or part of building as a trespasser, he steals or attempts to steal anything in the building, or inflicts or attempts to inflict on any person therein GBH. The D must go on to commit, or to attempt, either theft or GBH.
• 3. Under AGs reference No.s 1 and 2, a defendant who has a conditional intent to steal only if there is something worth stealing should be charged generally with the intention to steal (or cause GBH or criminal damage) as this would cover the entire contents of the building which the defendant had entered.
• Sentence:

  Dwelling - max of 14 years imprisonment

  Non-dwelling - max of 10 years imprisonment.