- Created by: rachel
- Created on: 13-06-14 15:12
S9- Theft Act 1968.
S9(1)(a)- 'he enters any building of part of a building as a trespasser with intent to commit theft, GBH or criminal damage'. The emphasis here is on mens rea, D does not need to commit of the ulterior offences, just have the intention to when he enters.
S9(1)(b)-'having entered any building or part of a building as a trespasser he steals/attemps to steal or inflicts/attempts to inflict GBH. The emphasis here is on actus reus, D must commit or attempt to commit one of the offences, but does not need to intend it when entering.
Burglary under S9(1)(a)-
Enters- Collins- entry must be 'substantial or effective', Brown-'effective', Ryan- neither effective nor substantial (ie entry can be gained through putting a stick through a letter box etc).
Any building or part of a building- S9(4)- commercial buildings/ dwellings (houses), inhabited vessels and vehicles. Leathley- container had no wheels, was supplied with electricity, permanent= made it a building.
Seekings and Gould- not permanent, had wheels = lorry was not a building.
Walkington- D had trespassed when he went behind the counter, as he didn't have permission to be in that part of the building, and he had the intention to steal.
Laing- D was acquitted as the prosecution relied on D trespassing into the shop, not the stock room.
As a trespasser- Smith and Jones- D's had the intention to steal when they entered the building.
Barker v R- D entered the house 'for a purpose outside the scope of his authority', as he entered to steal.
Mens rea- Intention/recklessness as to trespass. Intention to commit the three ulterior offences-Theft, GBH, Criminal damage.
Easom- Conditional intent can be sufficient.
ATG Ref (Nos 1 and 2 of 1979)- can be conditional intent, cannot argue that they didn't intend to steal anything specific (they went to see what they could find).
Burglary under S9(1)(b)- Entry, of a building/part of a building, as a trespasser, and then steals/attempts to steal, or inflicts/attempts to inflict GBH. Intention/recklessness as to trespass. Mens rea of theft/GBH when committing/attempting to commit either offence.