Burglary: Actus REUS of s 9 (1) a and b
The law relating to burglary prior to the Theft Act 1968 was unnecessarily complex. s9 of the Theft Act 1968 now sets out the definition.
s9 (1) (a) and (b) of the Theft Act 1968 (INTENT)
-- R v Collins '73: Entry must be effective and substantial
ii. As A Trespasser
-- Trespassing on someone else's property without authority.
R v Jones & Smith '76: The defendant HAD permission to be in father's house. Entered the house with INTENT to steal property.He must be mistaken, be reckless or negligent and believes he has PERMISSION.
Any Building (or Part of Building)
The place entered by the defendant as a trespasser must be a BUILDING or PART OF A BUILDING
---> Stevens v Gourley (1853)
"A structure of considerable size and intended to be permanent or at least intended to be permanent..."
Part of a BUILDING
Entering a part of a building to which he is not entitled to enter.
R v Walkington (1979)
---> There was a moveable, 3 sided, rectangular counter in a shop. It was held to be 'part of a building'.
Mens Rea: Burglary
A) It must be proven that the accused
- intended to enter, KNOWING ON THE FACTS, MADE HIS ENTRY TRESPASSORY
Intention must be formed at the time of ENTRY
1. Steal (Definition of STEAL in s1 (1) of the Theft Act 1968)
2. Commit GBH
3. Cause unlawful damage
The defendant must have the mens rea for the ulterior offences (theft and GBH)
R v Jenkins (1983): An intruder gains an access to the house without breaking in. He is on the premises as a trespassor...with a resulting shock.
The offence of aggravated burglary is created by s10 of the Theft Act 1968
1) commits burglary with...firearm or imitation firearm, any weapon of offence, or any explosives
a) Firearm:- Airgun, air pistol, imitation means anything which has the appearance of being a firearm
b) Weapon of offence:- any article made or adopted for use for causing injury or incapacitating a person
c) Explosive: Any article manufactured for the purpose of producing a practical effect by explosion