A defendant was convicted of s9(1)(b) and the entry did not have to be substantial/complete for an offence of burglary to be complete, just effective.
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What was held in the case of Ryan (1996)?
The entry in this case was effective but it was confirmed that for s9(1)(a) the entry does not need to be effective.
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What is the second element of burglary?
Building/part of a building
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What is generally accepted as being a building?
Any structure with a degree of permanence e.g. an inhabited vehicle or vessel.
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What was held in the case of B and S v Leathley (1979)?
A freezer container that had been used as storage and was rested on sleepers and connected to the electricity supply was regarded as a building as it clearly had a level of permanence.
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What was held in the case of Seeking and Gould (1986)?
A lorry trailer was not regarded as building, it was being used as storage and connected to the electricity supply but still had wheels so remained a vehicle not a building.
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What was held in the case of Walkington (1979)?
A defendant was regarded as a trespasser and committed burglary by entering part of a building.
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What is the third element of burglary?
Trespasser
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What was held in the case of Collins (1973)?
The defendant was not as trespasser because he was invited into the building.
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What was held in the case of Smith and Jones (1979)?
The defendants were trespassers because they knowingly entered a building in excess of their permission even though they had general permission to enter.
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What was held in the case of Walkington (1979) for trespassing?
The defendant was a trespasser in one part of a building.
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What is the fourth element of burglary?
Knowledge or recklessness that they were a trespasser.
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What is the additional mens rea required for the s9(1)(a) offence?
Prior intention to steal, cause GBH or criminal damage.
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What was held in the case of R v Bennett?
That the additional intent for s9(1)(a) must be proven before the entry.
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What is the additional part that needs to be proven for the s9(1)(b) offence?
The defendant must have attempted or committed a theft of GBH.
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What was held in the case of AG’s Reference (1979)?
It is sufficient if the defendant has conditional intent to steal for the purposes of theft.
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