OFFENCES AGAISNT PROPERTY: BURGLARY

  • triable either way offence with a maximum of 10 years for a non dwelling, e.g a shop or an office and 14 years if you burgle somebody’s dwelling, e.g someone’s house

  • it is defined in s9 of the Theft Act 1968 and split into 2 types: s9 (1)(a) and s9(1)(b)

  • burden of proof is on prosecution to prove beyond reasonable doubt that d is guilty.

S9 (1) (A)

  • definition- d enters a building or part of a building as a trespasser with the intent to steal or cause criminal damage or inflict GBH(ULTERIOR OFFENCES) (from Theft Act 1968)

ENTRY

  • a partial entry is enough to amount to entry. If a defendant puts any part of his body within the building, this can amount to burglary. R V RYAN

  • entry must be ‘effective but not substantial’, R V COLLINS : entered naked girl’s room with intent to rape, but she thought he was her bf and invited him in- which quashed his intent as he was invited in

  • entry was said to mean an effective entry R V BROWN

ANY BUILDING OR PART OF BUILDING

  • a ‘building’ is a fairly permanent structure including houses, offices, shops, vehicle (only if being lived in)

  • ‘part of a building’ can include going behind a counter WALKINGTON

  • s9 (4) states that a building includes house boats and inhabited vessels, like caravans

  • if the said structure is on wheels it remained vehicle, not building and unless someone was staying in it (unlike caravans) NORFOLK CONSTABULARY V SEEKINGS AND GOULD

  • B AND S LEATHLEY

  • d must enter as a ‘trespasser’- not allowed to be on property. if d is allowed in the building and goes beyond their permission of what their allowed to go, then do become trespasser JONES AND SMITH

  • BARKER : maid had keys to house and went in when wasn’t allowed, went beyond her permission and became tresspasser

  • R V RODMELL held someone’s garden shed can be burglary, as it’s “part of a person’s home.”

AS A TRESSPASSER

  • R V JONES AND SMITH: went to his dad’s flat in middle of night and committed burglary, convictions upheld because “if he enteres premises knowing that he is entering in excess of the permission that has even given to him to enter, or being reckless whether he is entering in excess of that permission.

  • prosecution must prove D knew they were trespassing

MENS REA OF BURGLARY s9(1)(a)

  • d must know or be subjectively reckless to the fact that they are a trespasser R V COLLINS

  • d must intent to commit 1 of the 3 offences: theft, GBH, or criminal damage- but don’t have to actually even attempt 1 of those 3 things JUST INTEND. Conditional intent falls under this section - meaning they go with the intention to steal only if they find something worth taking.

S9(1)(b)

  • d must know, or being subjectively reckless, as to whether they are trespassing

  • “having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or inflicts/intends to inflict GBH”

  • d must at least attempt the theft or GBH