Burglary - Definition PDF

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Burglary The offence is defined by section 9 Theft Act 1968: s9(1)(a) burglary and s9(1)(b) burglary “(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 such offence as is mentioned in subsection (2) below 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 or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm therein, and of doing unlawful damage to the building or anything therein” Actus Reus The defendant entered a place The place the defendant entered was a building or a part of a building. The defendant entered the building or part of a building as a trespasser Mens Rea The defendant was knowingly or recklessly trespassing The defendant entered a place May enter using an instrument (umbrella) or innocent agent (if u ask a child to steal for you) Collins: Found a ladder went into a house through the window. He stripped except socks and stood on the window. She woke up and saw a man. She thought it was her boyfriend and had sex. She realised it was someone else, he was picked up on the allegation he entered the property to commit rape which constituted burglary. The q which was raised was whether Collins entering the building by kneeling constituted as entry. It was found that an entry must be “effective and substantial”. Brown: Stood outside a shop, top half entered the shop not the bottom. The question was whether the entry was effective. Court ruled it had been effective. Ryan: Confused judgement, he put his head and hand in the window, but window fell on him. He did have the intention to steal but the Brown case asks if the entry was effective. Court said to give the definition of effective broadly. The place D entered was a building or part of a building What constitutes as a building? B and S v Leathley: The structure had been a large container, court said it constituted a building. Norfolk Constabulary v Seeking and Gould: Trailer… court said they don’t constitute building. Since they rested on their own wheels. What constitutes part of a building? Permission to enter part of a building e.g hotel guest who breaks into another room to steal.

Walkington: Noticed a till and approached but it was empty. He was still however charged for robbery. He appealed stating that the till area was part of the building. They found that the counter created a physical demarcation. D entered the building or part of a building as a trespasser. Mistaken authorisation Collins: Q was he trespassing after being pulled in? He had consent however due to the deceiving nature of Collins act therefore he was a trespasser. Exceeding permission, e.g if u came to look at a reading but steal. Jones and Smith: Stole tv Smiths dad’s tv, the dad said they had permission. CA said they had permission but the act of stealing exceeding this permission. Mens rea D wan knowingly or recklessly trespassing - Collins really thought he had permission. No mens rea so not burglary. Difference between a and b Section 9(1)(a), you must show: An ulterior intention to commit Theft Infliction of GBH Criminal damage D must have had the ulterior intention at the moment he entered the building. S9(1)(b) The ulterior offence may be: Theft Attempted theft Infliction of GBH Attempted infliction of GBH For s9(1)(b) burglary D must have committed the ulterior offence after entering the building...