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  • Created on: 11-05-16 20:13


S9(1)(A) Theft Act 1968

A person is guilty of burglary if—

 he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned below à s9(1)(a) – has to look at timeframe and its at the moment a person enters a building – as long as they had the intent to commit offences

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 grievous bodily harm à (b) – timeframe is different – having entered the building as a trespasser

A building for these purposes is:

Section 9(4)Theft Act 1968 provides that inhabited vehicles and vessels are within the meaning of “building” 

à AR: there are some common elements

à there has to be a building

à s9(4): vehicles and vessels are within meaning of building (i.e. caravan, yacht)

à no general requirement that building has to be inhabited

 Stevens v Gourley (1859) 7 CBNS 99 à Stevens: definition of building given here: it had to be a structure of a considerable size and intended to be either permanent or endure for considerable length of time à ultimately for jury to determine whether that was the case

Norfolk Constabulary v Seekings and Gould [1986] Crim LR 167 à Norfolk: a lorry trailer which was used for storage and had an electricity supply to it was not considered to be a building à with regard to a building: could be part of a building

 R v Walkington [1979] 1 WLR 1169 à Walkington: related to a shop, there was a partitioned section of till, that was considered to be part of a building where general public would be considered as trespassers à ie if someone is sharing accommodation and have their own room then it would be trespassing if someone went in their without their permission (so you can trespass part of building even though you’re allowed access to other areas)


       entry into a building (or part of) without permission

       knowledge of lack of permission or recklessness thereto

       Permission can be express or implied à that permission either expressed or implied (in Walkington it was implied even though there were no notices

Who gives permission?

R v Collins [1973] 1 QB 100   - you don't have to know you're a tresspasser, just that you're entering without consent.

Per Edmund Davies LJ:'.... there cannot be a conviction for entering premises "as a trespasser" within the meaning of section 9 of the Theft Act unless the person entering does so knowing that he is a trespasser and nevertheless deliberately enters, or, at


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