burglary

• theft act 1968
• s9 1a = a person is guilty of burglary if he enters any building or part of a building as a trespasser and with the intent to commit stealing, GBH or criminal damage
• s9 1b = a person is guilty of burglary if having entered any building or part of building as a trespasser, he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person any GBH
• actus reus = entry, building or part of building, as a trespasser
• entry - D's entry needs to be only effective not substantial and effective (R v Brown)
• entry - need evidence for jury to find D had entered the house (R v Ryan)
• building/part of - a building defined as 'a structure of considerable size and intended to be permanent or at least endure for a considerable time (Stevens v Gourley)
• as a trespasser - D must enter as a trespasser to be found guilty of burglary
• as a trespasser - if D has permission they are not a trespasser (R v Collins)
• as a trespasser - if D goes beyond permission they can be trespassers (Smith and Jones)
• mens rea = 2 parts to mental element

  1. entered as a trespasser
  2. ulterior defence
• MR - a&b - D must know or be subjectively reckless to trespassing
• MR - a - D must have intention to commit one of the ulterior offences
• D must have the mens rea for the theft or GBH when committing or attempting to commit the actus reus