Burglary

Question 1

Definitions

Answer 1

S9(1)(a)- enters a building or part of a building a trespasser

With intent to:
Steal
Inflict GBH
Do unlawful damage

S9(1)(b)-having entered a building or part of a building as a trespasser

Steals or attempts to steal; or
Inflicts or attempts to inflict GBH

Question 2

What statute are the definitions given in?

Answer 2

S9 of the theft act 1968

Question 3

MR

Answer 3

1) MR for the trespass (applies to both offences s9(1)(a) + s9 (1)(b)
2) MR for the ulterior offence (different for both offences)

Question 4

Entry

Answer 4

Entry is not defined in TA 1968, but there have been several cases on the meaning of word

The first main case in Collins where the CA held that the D must have made “ an effective and substantial entry”

Brown 1985- the D was partially inside a shop window. The top half of his body was inside the shop window, as though he was rummaging inside. The D was convicted as he had an effective entry- he could handle the goods inside the shop window

RYAN- D’s head and right arm were inside the window, which had fallen back on his neck and trapped him. The rest of his body was outside the window. Held partial entry was sufficient, even though he could not have actually stolen anything.

Question 5

Building or part of a building

Answer 5

“Building” includes the obvious, like houses, offices and shops
It also extends to vehicles or vessels that are inhabited (s9(3) such as caravans and houseboats

Also outbuildings and sheds

Whether more temporary structures w.g. A large storage container being buildings is not always clear

B and S v Leathley - a large freezer container which had been in the same place for some time and was likely to remain there- was held to be a building

Norfolk Constabulary v Seeking and Gould- a trailer with electricity and shutters used as a temporary store was not found to be a building

Part of a building means that even if D has permission to be in some of the building, entering another part of the building can be enough for burglary

In Walkington - the customer had permission to be in the shop, but not behind the counter

Question 6

As a trespasser

Answer 6

In order for D to commit burglary he must enter as a trespasser

If a person has permission to enter they are not a trespasser Collins

To succeed on a charge of burglary, the prosecution must prove that the D knew he was trespassing or that the D was subjectively recklessly as to whether he was trespassing

Going beyond permission:
Where the a D is given permission to enter but then goes beyond that permission, he may be considered a trespasser- Smith v Jones

Question 7

MR

Answer 7

D must intend or be reckless as to trespassing - collins

2) MR for the ulterior offence
S9(1)(a)
The MR is intent to steal, inflict GBH or do unlawful damage
MR must be present at the time of entry as a trespasser

There is no further AR needed- D does not need actually commit one of the ulterior offences

For s9 (1) (b)

The D must also have the MR for that ulterior offence (theft or GBH) when committing the AR of that offence

MR must present at the time of committing that offence

So for this section- D must steal,or inflict GBH, or attempt to do so

Both the AR and MR of the ulterior offence are needed
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