Burglary

S9 TA 1968: 2 types:

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)

HideShow resource information

Burglary

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:

1) Entry:

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."

1 of 3

Trespasser

2) Trespasser:

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.

3) Building:

  • 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."

2 of 3

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).

Mens Rea:

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)

3 of 3

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »