Burglary

Where is burglary defined?

S9(1)(a)&(b) Theft Act 1968

What is the definition of burglary?

a person is guilty of burglary if they enter a building or part of a building as a trespasser with intent to inflict GBH , steal or do unlawful damage OR if they actually do any of the the things listed

How many types of burglary are there?

2

Is section A or B for intent?

A

Define type A

having the intent to trespass in a building (or part of one) to inflict GBH, steal, or do unlawful damage.

Define type B

actually (or attempting) trespassing in a building (or part of one) to inflict GBH, steal or do unlawful damage.

What is the first element of type A?

that there must be a building (buildings are defined as reasonably permanent structures in Rodmell, vehicles are Not buildings which is defined in Gould)

What is the second element of type A?

D must enter a building (Brown says this just needs to be effectively, but Ryan says that it doesn’t even need to be effective it just has to put D in a position to steal)

What is the third element of type A?

D must be trespassing (Walkington says that it’s possible to have permission in one part of a building but not another, SJ says that one can also trespass if they exceed their permission on the property e.g permission to visit dad’s house not permission to steal 

What is the fourth element (MR) of type A?

D must intend to commit the ulterior offences of theft, GBH or criminal damage. In addition, D must intend or be reckless about trespassing

How many elements need to be satisfied for type B and what are they?

1 : D commits a burglary if he enters a building or part of a building as a trespasser and THEN commits or attempts to commit theft or GBH.