Burglary

• s9 theft act 1968
• s9 (1)(a) - d enters any building or part of a building as a trespasser with intent to steal, inflict gbh or do unlawful damage
• s9 (1)(b) - having entered as a trespasser, d steals or attempts to steal anything in the building or inflict gbh
• to satisfy the actus reus there must be entry
• entry must be effective (brown)
• jury must be able to find evidence that d entered the building (ryan)
• must have entered a building or part of a building (walkington)
• act does not give basic definition of building
• covers sheds (rodmell)
• houseboats (coleman)
• storage unit (leeathley)
• not a lorry with wheels (seekings and gould)
• must have entered as a trespasser
• if you have permission you are not a trespasser (collins)
• if you exceed permission you are a trespasser (smith and jones)
• mens rea - d must be subjectively reckless as to the trespassing
• 9(1)(a) d must have intentions to commit one of the four offences at the time of entering
• 9(1)(b) d must also have mens rea for theft or gbh