Burglary

What is S9(1)(a) Burglary ?

Entry to a Building or part of a building as a Trespasser with Intention or Recklessness at to the Trespass

(Pre-meditated burglary)

What is the Actus Reus of S9(1)(a) Burglary?

Entry to a Building or part of a building as a trespasser

R v Ryan

Entry to property must be “sufficient”

What is a “Building”?

* Permanent fixed structures → houses, shops
* Substantial portable structures → vehicles, vessels, caravans, houseboats

What is “Part of a building”?

* D is allowed in public building but not in certain areas e.g. staff only areas
* R v Walkington

What is a Trespasser?

* Someone who enters a building without permission or legal right to do so
* Someone who is banned from somewhere that’d normally be open to the public

R v Jones and Smith

Someone who has permission to enter for a particular purpose will become a trespasser if they enter for another purpose / do something they aren’t allowed to do

What is the Mens Rea of S9(1)(a) Burglary?

Intention or Recklessness as to the Trespass and Intention to commit an Ulterior Offence

What is Intention or Recklessness as to the Trespass?

Intention → deliberate

Reckless → accidental

R v Mohan

Intention is a decision by D to bung about a prohibited consequence

R v Cunningham

Recklessness is conscious risk taking


1. D realised there was a risk
2. D decided to take the risk anyway

What is Intention to Commit and Ulterior Offence?

* D must intend to commit Theft, GBH or Criminal Damage \[S9(2)\]
* Intention must exist at time of entry but D need not commit offence
* D guilty regardless of whether they commit the offence or not

What is S9(1)(b) Burglary?

Entry to a Building or part of a building as a Trespasser with the Actus Reus of an Ulterior Offence with Intention or Recklessness as to Trespass with the Mens Rea of the Ulterior Offence

(Spur of the moment burglary)

What is the Actus Reus of S9(1)(b) Burglary?

Entry to a Building or part of a building as a Trespasser with the Actus Reus of an Ulterior Offence

What is the Actus Reus of an Ulterior Offence?

Theft → appropriation of property belonging to another

GBH → wounding (breaking top 2 layers of skin) or GBH (really serious harm)

What is the Mens Rea for the Ulterior Offence?

Theft → dishonesty & intention to permanently deprive

GBH → intention or recklessness in causing “some harm”

(no need for D to have the Mens Rea of the ulterior offence at time of entry but must have it when commit ulterior offence)