Burglary

Burglary

Theft Act 1968 s9

Section 9(1)(a)

Entering a building or part of a building as a trespasser with intent to commit theft, GBH, or criminal damage.

Section 9(1)(b)

Having entered as a trespasser, the D steals or inflicts/attempts to inflict GBH

Elements

• Entry

• Building or part of a building

• As a trespasser

Entry

Theft Act 1968 does not define entry" - common law def

R v Brown (1985)

D leaned through a broken shop window and rummaged through goods.

His entry was effective, even though he stood outside.

R v Ryan (1996)

The D became stuck when trying to get through a window - head and arm were inside the house.

A partial entry is enough - if any part of the body is inside the building, this can amount to burglary.

Building/Part of a Building s9(4)

Building includes inhabited places such as houseboats, caravans, houses, flats, offices, factories, outbuildings, and sheds.
Whether a structure is a building depends on permanence and use.

B and S v Leathley (1979)

A large freezer container used for storage for over two years - resting on sleepers, locked, and connected to electricity.
It was a building.

Norfolk Constabulary v Seekings and Gould (1986)

A lorry trailer used for storage for over a year, with steps and electricity BUT still had wheels.

It was not a building - remained a vehicle.

Part of a Building

D has permission to be in one area but not another.

R v Walkington (1979)

D went behind a shop counter and opened the till.
He was guilty under s9(1)(a) because he entered part of a building (the counter area) as a trespasser with intent to steal.

Domestic Burglary

Courts interpret dwelling broadly because domestic burglary is treated more seriously.

R v Rodmell (1994)

The defendant burgled a garden shed 50m from the main house and stole power tools - the shed was part of the home.

As a Trespasser

To commit burglary, the D must enter as a trespasser - ie. without permission. This must be proven, or that D was subjectively reckless.
If someone exceeds their permission, they are a trespasser.

R v Jones and Smith (1976)

Smith and Jones went to Smith’s father’s house at night and took two televisions without permission.
The father said his son had general permission to enter but still burglary.

Section 9(1)(a) MR

D must have intent to commit theft, GBH, or criminal damage at the time of entry.
A conditional intent, is sufficient however.

Section 9(1)(b) MR

D must have the MR for theft or GBH when committing/attempting to commit those acts after entering as a trespasser.