Burglary (S.9 Theft Act 1968)
Burglary is deifned in S.9 Theft Act.
-s.9 (1) (a)
"enters a building, or part of a building as a trespasser, with intent to steal, commit GBH or do criminal damage"
-S.9 (1) (b)
"enters a building or part of a building as a trespasser, and steals or inflicts GBH"
HAVE TO HAVE COMMITTED THE OFFENCE.
Actus Reus and Mens Rea
Actus reus of burglary
-As a trespasser
-A building or part of a building
Mens Rea of burglary
-Knowing you are a trespasser
-or being reckless as to whether you are a trespasser.
Was 'effective and substantial' (Collins) but Brown changed it to just ''effective''
and Ryan said doesnt mean D has to be in position to committ ulterior offence.
Building or part of a building
-Must be some permanance to building
(Stevens V Gourley)
- Inhabited vehicle or vessel
- Wheels = not building
~(Norfolk Constabulary V Seekings and Gould)
- can be entry to only part of building
As a trespasser
Permission to enter = not a trespasser (Collins)
Going beyond permission given = trespasser (Smith and Jones)
Know you are trespasser/reckless to being trespass
9(1)a) - Know or be reckless as to whether you are a trespasser.
Have intention at point of entry to committ theft,
GBH or criminal damage.
Includes situations in which D enters with intention to steal anything worth stealing.
9(2)b) - Know or be reckless as to whether you are as trespasser.
Mens rea for theft or GBH at point of committing the offences.