Burglary

Burglary is found in S9 of the Theft Act 1968, and there are two ways in which a Burglary can be committed either under S9(1)(A) or S9(1)(B)

Under S9(1)(A): 'A person is guilty of Burglary if he enters a building or part of a building as a trespasser with the intent to steal, inflict, GBH or do criminal damage. The emphasis is on the mens rea'

Under S9(1)(B): 'A person is guilty of Burglary if enters a building or part of a building as a trespasser, and steals or attempts to steal anything in the building or inflicts or attempts to inflict GBH. The emphasis is on the actus reus'

The difference between S9(1)(A) and S9(1)(B)  is for (A) the defendant must intend to do one of the three ulterior offences at the time of entering, but they dont have to take place once inside. With (B) what the defendant intends when entering is irrelevant, the proseuction just have to prove he committed or attempted to do theft or GBH

1. Entry - entry is not defined in the Theft Act but there are several cases for the meaning.

Collins = entry must be effective and substantial

Brown = modified this to just effective

Ryan = entry was established even though entry was not effective

2. Building -  the meaning of a building has been extended and includes boats, caravans etc.

B & S Leathley = a 25 foot freezer which rested on sleepers and was connected to electricity was held to be a building

Norfolk Constabulary V Seeking & Goulf = a lorry trailer with wheels which was held not to be a building as it has wheels so was a vehcile

3. Part of A Building

Walkington = counter area was not an area where customers were permitted to go

3. Trespasser - in order for defendant to commit burglary he must enter as a trespasser. A trespasser is a person who doesnt have permission to be there

Collins = Defendant had permission to enter, so wasnt trespassing

Court said to be a trespasser, the D has to know he is trespassing or be reckless.

Defendant may have permission to be there, but you will become a trespasser if you go beyond that permission (Smith & Jones)

* There are two parts to the mens rea

1. Defendant must know or be subjectively reckless to enter as a trespasser

2. For S9(1)(A) there must be intent to steal, inflict GBH or do criminal damage at the time of entry. For S9(1)(B) there must be the mens rea for theft or GBH at the time of committing that offence

(Dishonestly, & Intention to permanently deprieve)