Burglary

(1)'A person is guilty of burglary if-'

(a)'he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or'

(2)'The offences reffered to in subsection (1)(a) above are offences of stealing anything in the building or part of a builidng in question, of inflict on any person therein any grevious body harm... therein, and of doing unlawful damage to the building or anything therein'

This means:

(a)D enters a building or part of a building as a trespasser (2)with intent to steal, inflict GBH or do unlawful damage

(1) 'A person is guilty of burglary if-

(b)'having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grevious bodily harm'

What this means:

Having entered a building or part of a building as a trespasser, D steals or attempts to steal; or inflcits or attempts to inflict GBH

Not defined in TTA

Collins- CoA said that the jury had to be satisfied that D had made 'an effective and substancial entry'

Brown- This later changed to 'effective' entry

Ryan- And it finally changed to evidence needed for the jury to find that D had entered

Building or part of a building:

Norfolk Constabulary v Seekings and Gould (1986)- Must have some permanence

s9(4)- Includes inhabited vehicles or vessels

Walkington (1979)- Can be entry of part of building

Collins- If D has permission, he is not a trespasser

Smith and Jones- If D goes beyond the permission given, then he can be a trespasser

Mens Rea:

D must know or be subjectively reckless as to whether he is a trespasser

PLUS EITHER

s9(1)(a) TTA- intention at point of entry to commit:-theft or GBH or criminal damage

OR

s9(1)(b) TTA- mens rea for theft or GBH at point of committing or attempting to commit these offences in a building