burglary]

Question 1

s9 (1) Theft Act 1968

Answer 1

 A more complicated offence than simply ‘theft in a building’
 This offence is best considered under two areas – S9(1) (a) and S9(1) (b)

Question 2

s9 (1) (a)

Answer 2

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

Question 3

the offence

Answer 3

Targets D, who trespasses with intent to commit theft, cause GBH or commit criminal damage
At the point of entry, D is liable - as long as they have the relevant intent
Whether they go on to commit is irrelevant to liability in this subsection

Question 4

inchoate offences

Answer 4

An inchoate offence is one intended to target D who have made progress to a harmful act, intending that harm to come about
The rational for the existence of this offence is to allow early intervention by police to impose liability before the harms associated with theft, GBH or Criminal Damage begin

Question 5

AR of s9 (1) (a) burglary

Answer 5

• Seemingly simple: entry to a building or part of a building, as a

Question 6

entry

Answer 6

• Collins [1973] established that entry must be effective and substantial
• Entry typically considered to be when any part of the D crosses the threshold
• Whether the person is physically able to complete the burglary is irrelevant, it is their placing within the area which matters

Question 7

Ryan [1996]

Answer 7

• D attempted to break into V’s house, but became stuck within the kitchen window with an arm and his head inside the building
• Upheld: Although most of his body was outside of the building and he was unlikely to be able to commit the offence – it was still held this was a valid entry

Question 8

building- or part thereof

Answer 8

The courts allow the word building to be given its standard meaning and houses, sheds, outbuildings clearly are
It also includes part-built or damaged structures and S9(4) extends it to inhabited vehicles or vessels such as caravans and houseboats

However, if the vehicle or vessel is uninhabited or not sufficiently permanent – such as a tent, then the court may find there us no building…and therefore no burglary

Question 9

part of a building

Answer 9

This references when the D may have access ot some of the building, but not all of it – such as behind the till within a shop or different rooms within a house, hostel or hotel

Question 10

trespasser

Answer 10

Where D enters a building without permission from the owner or possessor, or their family or some other legal authorization

Question 11

trespassing

Answer 11

There are two issues to highlight in this area, where the V mistakenly permits D to enter (eg, thinks they are the plumber)
Where D enters in excess of their permission, they are also trespassing

Question 12

jones and smith [1976]

Answer 12

D and another entered his fathers house, at night with the intent to steal. D had general permission to enter but not so that he could steal
Held: D entered in excess of general permission given by his father, and therefore as a trespasser

Question 13

MR of S (9) (1) (a)

Answer 13

1) D must be at least reckless to the facts which make her a trespasser
2) D must intend to commit one of the offences (GBH, Theft or Criminal Damage)

Question 14

intent or recklessness as to trespass

Answer 14

• ## Mostly, D will be aware when they enter a building as a trespasser (although not always as the following case demonstrates…)

Question 15

collins [1973]

Answer 15

-D was naked, apart from socks and climbed a ladder to the V’s bedroom
-The V, mistook him for her boyfriend and invited him in where they engaged in sexual intercourse
-She then turned on the light and realized her mistake (!!!)
-D was charged with burglary – at the time burglary included entry with intent to rape
-The issue here was one of trespassing, and not on sexual assault and on appeal, upon considering some of the issues:
The woman invited the man in, with literal open arms and appeared as if she was inviting him inside

Question 16

held ( collins [1973] )

Answer 16

• Conviction quashed: a trespasser must know that they are trespassing or act recklessly in that way
• An accused should be judges on the facts as he believed them to be
• Due to the layout of the room it was possible that the girl was inviting him inside when she put her arms round him

Question 17

intent to steal, cause GBH pr criminal damage

Answer 17

D must intend to commit one of these offences at the time of entry but whether they then go on to commit it, is irrelevant
This also includes conditional stealing, where D will steal if there is anything worth stealing
However, nothing short of intent for every element will suffice – you cannot be reckless to cause GBH, CD or Theft

Question 18

AR s9 (1) (b)

Answer 18

• AR remains the same regarding trespassing – they must enter the building or part of as a trespasser (aka, without the permission from owner or possessor or family of)
• The AR for listed offences remains the same as their originals and both AR’s need to be satisfied

Question 19

MR s9 (1) (b)

Answer 19

• D must be at the very least reckless as to the facts that make her entry a trespass
• For the listed offence, the MR must relate to that specifics – so for Theft, the D must intend to deprive V of their property and do so dishonestly

Question 20

aggrevated burglary

Answer 20

• The same elements as remained in S9 (1) (a) and (b) but with the added possession of a weapon;
• Firearm, imitation firearm, weapon of any offence or any explosive
• S10(1) Theft Act 1968

Question 21

weapon

Answer 21

• S10 is ambiguous on the meaning of weapon and has therefore been interpreted broadly – a screwdriver, if carried to weaponise will be considered a weapon
• Anything to incapacitate a V will also count such as sleeping pills, rope etc

Question 22

at the time

Answer 22

• For S9 (1) (a) the offence happens at the point of entry and therefore, D must have the weapon at this point
• For S9 (1) (b) the offence happens at the point of the listed offence happens and therefore, D must have the weapon at this point

Question 23

possession

Answer 23

• Possession means that D must be in control of the weapon, and also aware of it – irrelevant whether they actually intended to use the weapon
• In Stones [1989] the D’s conviction was upheld, even though he claimed the knife in his possession was for defensive purposes only