Burglary

What is burglary defined as ?

• Burglary is defined under section 9 of the Theft Act 1968.

• Section 9 (1)(a) - ‘if he enters a building or part of a building as a trespasser with the intent to either steal, inflict GBH or criminal damage.’

• Section 9 (1)(b) - ‘having entered a building or any part of a building as a trespasser, he steals or attempts to steal anything or inflicts or attempts to inflict GBH on any person.’

What is the actus reus of burglary ?

The actus reus of burglary is made up of:

• Entered

• Building or Part of a Building

• Trespasser

What does it mean to enter ?

• The definition of entry has changed over the years.

• This is because the courts have tried to be flexible.

• Explain how the definition of entry was used in R v Brown and R v Ryan

What is the case of R v Brown ?

• Facts: The defendant was caught with the top half of his body through a broken shop window.

• Held: He was charged with section 9 (1)(a). The Court of Appeal upheld his conviction. They said that the defendant’s entry needs to only be effective, not ‘substantial and effective’ as stated in R v Collins.

What is the case of R v Ryan ?

• Facts: The defendant got his head and arm stuck through a window and had to be freed by the fire brigade. The defendant argued that his entry had not been ‘effective’ as he was unable to steal anything.

• Held: The Court of Appeal upheld his conviction of section 9 (1)(a) stating that it did not matter whether he could steal anything or not.

What is a building or part of a building ?

In the case of Stevens v Gourley, Judge Byles defined a building as:

‘ A structure of considerable size and intended to be permanent or at least endure for a considerable time.’

What is a trespasser ?

• If the defendant has permission to enter, he is not a trespasser.

• However, the defendant will be a trespasser if they go beyond the permission given to them.

• R v Jones and Smith

What is the case of R v Jones and Smith ?

• Facts: The defendant entered his parent’s house in the middle of the night with his friend and took two television sets.

• Held: The defendants were trespassing. The Court of Appeal said that the defendant entered in excess of the permission that had been given to him to enter.

What is the mens rea of burglary ?

The defendant must have the mens rea required to be a trespasser and:

• Section 9 (1) (a) - the intention to commit criminal damage, steal, or inflict GBH.

• Section 9 (1)(b) - when they steal or attempts to steal or inflicts or attempts to inflict GBH on any person.

What is conditional intent ?

Attorney General’s Reference No.1 of 1979

Facts: The defendant claimed he planned to steal anything he found ‘lying around’. The trial judge directed the jury to acquit.

Held: The trial judge was wrong. The law does not require the defendant to intend to steal specific objects. The defendant will still be guilty of burglary if they enter a building or part of a building with the intent to steal only if there is something worth stealing.