S9 TA 1968: 2 types of burglary:
s9(1)(a): D enters the building/part of a building as a trespasser with the intention to: steal, inflict GBH or do unlawful damage.
- The offence is complete at the point of entry.
S9(1)(b): D forms an intention to: inflict GBH, steal, after they have entered the property OR attempts to commit either of these and tresspasses in order to do so.
- The offence is complete when they form the intention to commit the ulterior offence.
(Ulterior offences are those in bold)
Elements of burglary:
Ryan - D tried to break into a house but became trapped in the window frame with half his body in the house. Held: "all you need is entry (any level of entry is enough), D guilty."
Collins - (defines trespasser) "D has intention or recklessness as to being a trespasser."
In excess of permission:
Jones and Smith - D and his friend broke into his fathers house and took two TV's. His father claimed his son always had permission to be in his house so D was not a trespasser. Held: D guilty, he acted in excess of his permission = a trespasser.
- No def of this in the Act, s9(4): "word includes an inhabited vehicle and a vessel, even if thye are not inhabited at the time of offence.
Stevens v Gourley - "a building was a structure of considerable size, intended for permenant or at least endure for a considerable time."
B and S Leatherly - Held: "a locked freezer container, resting on sleepers and connected to the main building electricity supply = a building."
Part of a building
BUT... a temporary prefabricated structure and a tent = not building.
4) Part of a building:
D may have permission to enter some parts of a building but not others, if D enters the parts he has no permission for = burglary.
Walkington - D entered Debenhams, went behind the counter area and looked into the till. Held: D guilty, only staff are allowed in the counter area (counter area = part of a building).
s9(1)(a) and (b): when D entered the building he must have intended to commit the ulterior offence.
- D must have also either intended or have been reckless in relation to the trespass.
Under S9(1)(a) the intention is formed before D enters the property.
Under S9(1)(b) the intetion is formed after D enters the property.
Conditional Intention - where D only intends to steal if there is something worth stealing. D still guilty. (Easom)