Burglary

Question 1

S9 (1) Theft Act 1968

Answer 1

A person is guilty of burglary if:
a) he enters any building or part of a building as a trespasser and with intent to commit any offence mentioned in subsection (2).

or;

B) having entered into any building or part of a building as a trespasser he steals or attempts to steal anything in the building/part thereof or inflicts or attempts to inflict GBH on any person therein.

Question 2

S9 (2)

Answer 2

Offences referred to in subsection (1)(a) are theft of anything in the building or part of a building in question, or inflicting GBH on any person in the building, or committing criminal damage to the building or anything therein.

Question 3

Common elements of S9 (1)(a) and S9 (1)(b)

Answer 3

AR: Entry

AR: A building or part of a building

AR: As a trespasser

MR: Intentionally or recklessly enter as a trespasser

MR S9 (1)(a): Intent to commit 1/3 ulterior offences when entering i.e. Intention formed at the time of

AR S9 (1)(b): Theft or GBH

MR S9 (1)(b): Intention to commit theft or GBH. Does not include criminal damage.

*It is possible for D to commit both a burglary under S9 (1)(a) AND S9 (1)(b)

Question 4

1. Common elements - Entry

2. R v Ryan

Answer 4

1. In order for there to be a burglary, D must enter the property. The Theft Act 1968 doesn’t define the word ‘Entry’.
2. ‘Entry’ is a question of fact for the jury to decide on a case by case basis.

D does not need to be capable of committing ulterior offence - no need for an “effective” entry.

It is likely that ‘entry’ can include an extension of D’s body e.g. Fishing rod.

Question 5

1. Common elements - Building or part of a building
2. S9 (4)
3. B and S v Leathley
4. Norfolk Constabulary v Seekings and Gould
5. R v Walkington
6. R v Laing

Answer 5

1. The place which D enters as a trespasser must be a building or part of a building. The word ‘building is not defined in the act.
2. ‘Building’ applies to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is e.g. Containers or canal boats.
3. The container counted as a building because there was a high - degree of permanence as it had been in the same location for 2/3 years and rested on sleepers.
4. The lorry trailer did not count as a building as it had a low - degree of permanence because it still had wheels.
5. The counter amounted to part of the building, so D trespassed when he went behind the counter.
6. The department constitutes a part of a building in this case.

Question 6

1. Common elements - As a trespasser
2. R v Smith and Jones
3. Barker v R
4. Note

Answer 6

1. i.e. To enter a prohibited area.

Coincidence in time - D must be a trespasser at the time of entry to the building or part of the building.

2. A person who has authority to enter the building/ part thereof for a particular purpose will become a s trespasser if they enter it for some other purpose as they have exceeded their authority.
3. “If a person enters for a purpose outside the scope of his authority then he stands in no better position than a person who enters with no authority at all” - D had become a trespasser.
4. Entering a public area, e.g. Cinema requires the purchase of a ticket. This ticket is classed as a licence which gives D the permission to enter the premises to watch the film. If, however, D enters the building with an intent to cause criminal damage to some of the property, he’ll have entered as a trespasser.

Law is very clear where D gains entry through FRAUD.

Question 7

1. Common elements - intention or recklessness as to the trespass
2. R v Collins

Answer 7

1. D must either know (intention) that he does not have permission to enter or he must realise that there is a chance that he does not have such permission but enter anyway.
2. D lacked the mens rea to trespass here as he was invited in and thus, thought he had permission.

Question 8

MR Specific to S9 (1)(a)

Answer 8

D must intend to do 1 of 3 ulterior offences:

1. Theft
2. Criminal damage
3. GBH

However, there is no need for the ulterior offence to ACTUALLY be committed.

D must have this intention at the time of entry.

Question 9

Attorney General’s Reference (Nos 1 and 2 of 1979)

Answer 9

For burglary, conditional intent can be sufficient for S9 (1)(a) because ulterior offence does not actually have to be committed.

Question 10

1. AR specific to S9 (1)(b)

2. R v Jenkins

Answer 10

1. D must actually commit theft or inflict GBH or attempt to commit either once inside the building (Criminal damage does not count).
2. GBH could be committed as D escapes.

Question 11

MR specific to S9 (1)(b)

Answer 11

Mens rea of theft or GBH when committing or attempting to commit either offence.

MR of theft - Dishonestly and intention to permanently deprive.

GBH - S20 OAPA: intentionally or recklessly cause D some harm.