Where is the statutory definition of burglary situated?
s9 Theft Act (1968)
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s9(1)(a)
A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm, or do unlawful damage to the building or anything in it
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s9(1)(b)
A person is guilty of burglary if, having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict grievous bodily on any person in building
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What are s9(1)(a) and s9(1)(b)'s common elements?
entry, of a building or part of a building, as a trespasser
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What are their differences?
Intention at the time of entry. For 91a they must commit one of the ulterior offences at the time of entry. For 91b this is irrelevant, but they must prove that D actually committed or attempted to commit theft or GBH.
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Entry
This is not defined in the Theft Act (1968) but there have been cases on the meaning of the word.
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Collins (1972)
entry must be substantial and effective
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Brown (1985)
entry must be effective not necessarily complete or substantial
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Ryan (1996)
entry need not be substantial or effective and the body or part of the body or an extension of the body used to facilitate theft amounts to an entry.
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Stevens v Goursley (1859)
gives the classic definition of a building 'a structure of considerable size and intended to be permanent or least to endure for a considerable time'
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What is a building
Theft Act does not specify but self explanatory such as houses blocks of flats etc.
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Leathley (1979)
25 foot long freezer was held to be a building for the purpose of burglary.
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Seekings and Gould (1986)
lorry trailer with wheels being used for storage was still held to be a vehicle.
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'part of a building'
used to cover situations where D may have been allowed in one part of the building- Walkington (1979)
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Trespasser
Must enter as a trespasser, if they have permission this is not trespassing - Collins (1972)
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Smith and Jones (1976)
Given permission but goes beyond permission, may be considered a trespasser.
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Mens rea in burglary
entering as a trespasser or be subjectively reckless as to whether they're a trespasser plus ulterior offence-theft, gbh or criminal damage
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or s91b
mens rea for theft or gbh forming intention of these offences when they are in the building
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Other cards in this set
Card 2
Front
s9(1)(a)
Back
A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm, or do unlawful damage to the building or anything in it
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