A2 Law: Special Study - Burglary

Defined under s9 The Theft Act 1968
1. s9 (1) (a)
  1. A person is guilty if he enters a building or part of a building as a trespasser with the intention to steal, inflict GBH or do unlawful criminal damage.
2. s9 (1) (b)
  1. A person is guilty if having entered the building or part of the building as a trespasser, he steals, attempts to steals, inflicts or attempts to inflict GBH.
ACTUS REUS
1. The same for both types of burglary
  1. Entry
    1. Entry isn't defined by the act, but by case law
      1. Collins 1973
        Brown 1985
        Ryan 1996
        Defendant appealed against conviction, stating that it wasn't 'effective' as he was trapped and couldn't have stolen. Conviction upheld as there was evidence of trespassing. It was held that 'effective' isn't needed to interpret 'entry'
        Defendant appealed against his conviction claiming that his entry wasn't 'substantial' as only his arms had entered the building. It was concluded that the word 'substantial' didn't help interpret 'entry'. Conviction upheld.
        Defendant's conviction of s9 (1) (a) burglary was quashed as it couldn't be evidenced that he entered as a trespasser. To be convicted, the defendant must have made an "effective and substantial" entry.
  2. Building or part of a building
    1. Building
      1. s4 explains what makes a building, but doesn't define it
        An inhabited dwelling - houses or sheds. It also includes inhabited vehicles - caravans and houseboats. Doesn't include a caravanette.
        It has to be a fairly permanent structure, made to endure for a considerable amount of time and not designed to be moved. Illustrated in:
        Leathley 1979
        25ft freezer, kept as storage for two years, rested on sleepers with a door, lock and a supply of electricity = held to be a building.
        Norfolk Constabulary v Seekings 1986
        Two lorry trailers with wheels, used as storage for over a year. Had steps and electricity supply = held not to be a building as the structure had not changed from that of a vehicle.
    2. Part of a building
      1. Covers situations where the defendant had permission to be in one part of a building, but not the other.
        Walkington 1979
        Defendant went into the part of a building intended for staff use only. He was convicted of s9 (1) (a) as he entered as a trespasser with the intention to steal.
  3. As a trespasser
    1. If permission is given, then it's not seen as trespasser - Collins 1972.
      1. Hemmings 2011
        Defendant entered her husband's lover's house to find evidence to use against her husband in court. She stole the woman's cat and was convicted of burglary.
    2. If a person goes beyond the permission given to them, then it can be classed as trespassing
      1. Smith and Jones 1976
        Defendant was the victim's son. He entered his father's house with a friend and took two TV sets without his father's permission or knowledge. Convicted of s9 (1) (a) even though he had a general permission to enter - but he had the intention to steal.
MENS REA
1. Two parts
  1. Entering as a trespasser, and;
    1. For both s9 (1) (a) and (b), the defendant must know or be subjectively reckless as to whether he is trespassing.
      1. Additionally for s9 (1) (a), the defendant must intend to commit one of the three offences at the time of entering the building.
        The defendant can also be found guilty of conditional intent if he enters as a trespasser with the intention to steal anything of value. Can still be found guilty if he doesn't find/take anything.
      2. For s9 (1) (b), the defendant must have the mens rea for theft or GBH when committing or attempting to commit the AR of one of these offences.
  2. the ulterior offence

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A2 Law: Special Study - Burglary

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