Property offences : Burglary

where is the law set out?

• s.9(1) Theft Act 1968

• statutory offence

• maximum sentence of 14 years imprisonment

section 9(1)(a) elements

D enters building or part as a trespasser intending to:

• steal anything in building

or

• inflict GBH to any person in building

or

• do unlawful damage to building or anything in it.

section 9(1)(b) elements

D, having entered a building or part of a building as a trespasser:

• steals or attempts to steal anything in the building

or

• inflicts or attempts to inflict GBH on any person in the building

section 9(1)(a) AR + MR

AR - entry of a building or part of one as a trespasser

MR - MR for trespassing + intent to commit theft or GBH or to damage

section 9(1)(b) AR + MR

AR - entry of a building or part of one as a trespasser + theft or GBH

MR - MR for trespass + MR for theft or GBH

what are the three common elements of both sections?

• entry

• of a building or part of a building

• as a trespasser

which cases set the meaning of entry?

• not defined in 1968 Act

• COLLINS 1972 - trespass must involve ‘substantial and effective’ entry into building

• BROWN 1985 - D standing on ground outside but leaning through broken shop window, entry on had to be ‘effective’

• RYAN 1996 - D trapped in window, only head and arm. evidence where jury could find that he entered.

what is the meaning of ‘building (or part of a building)?’

theft act 1968 does not define extended meaning in s.9(4) to include inhabited places such as houseboats or caravans.

but where structure sure has been used for storage difficult to see whether enough permanence to be considered a building.

what was the point of law in B AND S V LEATHLEY 1979?

freezer container held to be a building because it had locks on doors and connected to electricity supply.

what was the point of law in NORFOL CONSTABULARY V SEEKINGS AND GOULD 1986?

lorry trailer still had wheels so remained a vehicle even if had steps to enter and connected to electricity supply.

what case shows that outbuildings are a building?

• a tent would not be a building but outbuildings are.

• RODMELL 1994 - D stole power tools from garden shed, which is part of person’s harm.

what is meant by ‘part of a building?’

covers situations where D may have permission to be in one part of the building but does not have permission to be in another part.

WALKINGTON 1979 - D went to counter area and opened till, amounted to part of building as customers clearly not allowed and marked.

what is meant by trespasser?

• where a person has permission to enter, they are not a trespasser.

• COLLINS 1972 - D climbed up ladder to girls window, she invited him in thinking it was her bf.

• ratio: trespass requires entry knowing other will not consent to entry or subjectively reckless as to whether person consents to entry or not.

what does ‘going beyond permission’ mean?

where D goes beyond permission given, they are a trespasser.

• SMITH AND JONES 1976 - D went to dad’s house at night and took 2 tv sets, dad stated son would not be trespasser and had general permission to enter.

• ratio: person is trespasser if enter premises knowing entering in excess of permission given. D guilty moment entered as intended to steal.

MR for s.9(1)(a)

• D must know he is a trespasser or be reckless as to whether he is trespassing (COLLINS)

• D must intend to steal, do GBH, or damage at the time of entering the building.

MR for s.9(1)(b)

• D must know he is a trespasser or be reckless as to whether he is trespassing (COLLINS)

• D must have MR for theft or GBH when committing/attempting to commit the AR of these offences.

how is conditional intent set out in burglary?

where D intends to steal anything, if there is nothing in the building then can still be prosecuted under s.9(1)(a)

• A-G’S REFERENCES (NO. 1 AND 2 OF 1979) (1980) - D admitted to steal ‘anything lying around’

• ratio: conditional intent will suffice for burglary, all that is required is intent to steal at the time of entry.