Burglary: S9 Theft Act 1968

S9(1)(a)
1. AR: The D enters a building/part of a building as trespasser
2. MR: Intend to commit 1 ulterior offence to steal/inflict GBH/unlawful damage, at time of entering building, MR for the trespass (must know/be subjectively reckless)
S9(1)(b)
1. MR: Have MR for ulterior offence of Theft/GBH and MR for trespass (must know/be subjectively reckless)
2. AR: The D having entered a building/part of a building as a trespasser
AR for both
1. Enter
  1. Ryan, no need for D to be capable of committing offence
  2. Collins, entry must be substantial and effective
  3. partial access my be sufficient
2. Building
  1. 'includes houses, offices and shops extends to vehicles/vessels which are inhabited also to outbuildings and sheds'
  2. Leathley, container which has not been moved in some time
  3. Seekings and Gould, trailer as temporary store not
  4. Stevens v Gourley, 'intended to be permanent or at least endure for considerable time'
3. Part of building
  1. 'entering another part can be enough'
  2. no need to walk through a door/physical barrier
  3. Walkington, customer didn't have permission to be behind the counter
4. Trespasser
  1. 'if a person doesn't have permission to enter'
  2. Collins, she invited him in so not a trespasser
  3. Smith and Jones, D have permission to be there but steals excess of permission
  4. Collins, no permission to be there in first place, banned from shop

Resource summary

	Created by beccehjane over 9 years ago