Burglary 9(1) (a) & 9(1) (b)

Burglary 9(1)(a)

Type one Burglary is contained under section 9(1) (a) of the Theft Act 1968- the maximum sentence 14 years for a dwelling and 10 years where it is not a dwelling
Mens Rea;
- Intention to commit burglary before or on entry
- Intention or subjective recklessness to the tresspass
- Mens rea of theft, CD and s20 GBH
Actus Reus; Entry, Building and Trespassper

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Entry is not defined in the act but several case have developed the law;
R v Collins- the defendant was acquitted if burglary as entry has to be effective and substantial- there has to be enough of you in the building to commit the crime intended
R v brown- the defendant was convicted of burglary and the court said entry had need only be effective
R v Ryan- the defendant was convicted of burglary and the court said entry doesn't need to be effective or substantial just need proof of entry

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A building includes a structue of a considerable size and intended to be permanently or to last a reasonable length of time.
R v Walkington- includes part of a building- went behind counter.

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If the defendant is invited into the property but commits an act which the owner would not consent to then the defendant can become a trespasser.
R v Jones and Smith- the defendant was convicted of burglary as her bacame a trespaser as he knew the owner would not consent to his action

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Burglary type 2 is contained under section 9(1) (b) od the Theft Act 1968
Doesnt have to be any intention to commit burglary on entering the building this can come at a later date.
The prosecution must prove all elements of theft and section 20 GBH.
The mens rea is the same as burglary 9(1)(a)

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Actus reus of Section 20 GBH; Inflicting GBH or wounding,
the meaning of grevious is illustrated in DPP V smith
R v Martin and R v Wilson both ilustrate the difference between inflicting and causingfor GBH
Section 20 GBH includes recklessness whereas section 18 doesnt.

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