Burglary

• Where can you find the law on Burglary


  The offence of burglary is set out in section 9 of the Theft Act 1968.

  There are two separate offences of burglary created under s.9. Burglary under s.9(1)(a) and burglary under s.(9)(1)(b)
• What are the common elements of burglary s9(1) (a) & (b) that make up the actus Reus of the offence

  There must be:

  1. entry

  2. of a building or part of a building

  3. as a trespasser
• As there is no statutory definition of entry, give 2 cases that give the meaning of the word.


  'Entry' is not defined in the Theft Act 1968; it has instead developed through case law.

  
  

  In R v Brown; entry was said to mean an effective entry.

  
  

  In R v Ryan; a partial entry is enough to amount to entry. If a defendant puts any part of his body within the building, this can amount to buglary
• R v Brown (1985)

  Th defendant was standing on the ground outside but leaning in through a shop window, rummaging through goods.

  
  

  His conviction for burglary was upheld as clearly in this situation his entry was effective.
• R v Ryan (1996)


  The defendant was found wedged in the kitchen window of the home belonging to an elderly man. His head and right arm were inside the property but the rest of his body was outside.

  
  

  He was convicted of burglary as there was sufficient evidence on which the jury could find that the defendant has entered.
• As there is no statutory definition of building, where can you find the extended meaning of the word.


  Section 9(4) provides an extended meaning which includes inhabited vehicles vessels even if not inhabited at the time of the offence
• The main problem the courts have had with these definitions is whether a portable storage container constitutes a building. (B and S v Leathley) (Norfolk Constabulary v Seekings and Gould)
• B and S v Leathley (1979)


  25 foot long freezer container had been kept as a storage unit in a farmyard for over two years. It Rested on sleepers, had doors with locks and was connected to the electricity supply.

  This was held to be a building
• Norfolk Constabulary v Seekings and Gould (1986)
• what does 'part of a building' phrase mean

  The phrase 'part of building' is used to cover situations in which the defendant may have permission to be in one part of the building but does not have permission to be in another part ( R v Walkington)
• R v Walkington (1979)
• What is the definition of a trespasser.


  This covers those who may have permission to be in the property but exceed the permission by doing something which they were not invited to do.

  ( R v Jones and Smith)
• R v Jones and Smith (1976)
• For both subsections what is the required mens rea for burglary

  For both s9(1)(a) and s9(1)(b), the defendant must know, or be subjectively reckless, as to whether they are trespassing.
• What are the difference between the two offence of burglary

  The difference of the two offences of burglary is that under s9(1)(a) the intent must be formed at the time of entry whereas s9(1)(b), the intent to commit the ulterior offence can come later.

  
  

  Also s9(1)(a) covers crimminal damage whereas s9(1)(b) does not.

  
  

  S9(1)(a) does not require proof that the ulterior offence was committed whereas s9(1)(b) does