Burglary

• outlined in Theft Act 1967
  • s9
• Two different offences, outlined in s9(1)(a) and s9(1)(b)

• D has committed burglary if he enters a building, or any part of a building as a trespasser with intent to:
  • Steal anything in the building
  • Or inflict GBH on any person in the building
  • Or do unlawful damage
• Concerned w/ entry with intent. Proof offence committed not needed
• Note: intent to **** also used to be on the list but this was repealed in the Sexual Offences Act 2003

R v Collins (1973)   

• D climbed ladder naked to window of sleeping woman's (V) bedroom.
• She woke up and invited him in, thinking he was her boyfriend. Unkown whether he was inside or outside the window at the tinme.
• They had sex then V realised D wasn''t her boyfriend
• D convicted w/burglary - entered as trespasser w/intent to ****
• Conviction quashed - not a trespasser at time of entry as V invited him in
  • Consent of home owner (V's parents) not needed. V's invite = sufficient

• D has committed burglary if he enters a building as a trespasser and:
  • Steals/attempts to steal anything in the building
  • Or attempts to inflict GBH on any persons therein

• Under (a), inent must be formed at time of entry. Under (b), intent can be formed later
• (a) covers unlawful damage, but (b) doesn't