Burglary

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  • BURGLARY S9 of the Theft Act 1968
    • S9 (1) (b)
      • Having entered
        • A building or part of a building
          • As a trespasser
            • Attempts to or succeeds in
              • Steal(ing)
              • Inflict grievous bodily harm
      • For section 9 (1) (b) the timing of the intention for the ulterior offence is not (primarily) relevant - it is more important to prove that the ulterior offence was actually attempted or committed
    • S9 (1) (a)
      • Enters
        • A building or part of a building
          • As a trespasser
            • With intent to (but doesn't have to actually attempt when in the building, or have to  succeed)
              • Steal
              • Inflict grievous bodily harm
              • Do unlawful (criminal)  damage
              • Firstly, the defendant must intend or be subjectively reckless as to whether he is trespassing
                • Attempts to or succeeds in
                  • Steal(ing)
                  • Inflict grievous bodily harm
              • Intention to commit one of the three offences at the time of entering
            • Collins
              • Smith and Jones
                • As a trespasser
                  • If the D goes beyond the permission given, then they can become a trespasser
                  • Took two TV sets without the fathers permission, had gone beyond general permission
                • If the defendant has permission, they are not a trespasser
                • Climbed a ladder into a woman's bedroom, was invited in
            • B and S v Leathley
              • S9 (4) Theft Act
                • Walkington
                  • Can be entry to part of a building
                • Includes inhabited vehicle or vessel
              • The building must have some permanence - freezer container
          • Ryan 1996
            • Having entered
              • A building or part of a building
              • Evidence for the jury to find the defendant had entered
              • D was trapped half in half out when trying to get through the window
          • For section 9 (1) (a) the intention for the ulterior offence  occurs before or at the time of entry, there is no need for the offence to actually be committed or even attempted

      Comments

      Smith E

      Report

      The mens era aspect of burglary is fairly complicated and a diagram like this helps to separate out the key issues. This resource is short on cases but the key authorities are cited. Read in conjunction with a similar diagram on theft more generally, this would be a particularly useful resource. Also, the subtle use of colour is very effective. 

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