Burglary AO1

Section and Act?

Section 9 Theft Act 1968

(There are 2 types)

Section 9 (1)(a)?

D enters a building/part of one as a trespasser with the intention to steal/cause criminal damage/inflict GBH

Actus Reus of Section 9 (1)(a)?

Involves entry

What does Ryan say about the word ‘entry?’

It is an ordinary word.

The entry doesn’t have to be substantial or effective

How does Leathly define ‘building?’

Something on permanence and/or of considerable size

Section a(4)- what may count as a building?

A houseboat

Going behind a counter?

Part of a building

What must D be and what is the definition?

A trespasser = someone who doesn’t have permission to be there

What did Barker/Smith count as a trespassing?

Includes people with keys who go beyond their permission (make the entry when they weren’t meant to)

Mens Rea for Section 9(1)(a)?

D must know or be reckless to the trespassing (Collins)

D must also intend to inflict GBH/cause criminal damage

Does D have to attempt burglary/GBH/crim damage?

No- as long as they have the MR, they will still be guilty of an attempted crime

What is Section 9(1)(b)?

D has already entered as a trespasser and THEN forms the intent to commit GBH/theft/crim damage

(D HAS to at least attempt)