7571902
Burglary - s.9 (1) THEFT ACT 1968
- s.9 (1) (a)
- Enter a building or part of a
building as a trespasser with intent
to:
- Steal
- Inflict GBH
- Do unlawful damage to
the building or
anything in it
- Steal
- Enter a building or part of a
building as a trespasser with intent
to:
- s.9 (1) (b)
- Having entered a building or part of
a building as a trespasser
- D steals
- D inflicts GBH
- D steals
- Having entered a building or part of
a building as a trespasser
- Actus reus
- Common actus reus elements
- Entry
- Question of fact for the
jury to decide: RYAN
- Question of fact for the
jury to decide: RYAN
- Building or part of a building
- Must enter a building or
part of a building: STEVENS
v GOURLEY
- Vehicles can also be
burgled: s.9 (4).
- Large storage containers are
buildings when they have no
wheels: B AND S v LEATHLEY
- But not when the
wheels are still
attached: NORFOLK
CONSTABULARY v
SEEKINGS AND GOULD
- But not when the
wheels are still
attached: NORFOLK
CONSTABULARY v
SEEKINGS AND GOULD
- Question for the jury to
decide in each case
- Must enter a building or
part of a building: STEVENS
v GOURLEY
- Trespasser
- D voluntarily
enters without
the permission
of the occupier.
- If he has permission to
enter one part of the
building and then
enters another, he is
trespassing.
- If he has been banned
from the building, he
is a trespasser when
he enters
- Where D gains entry by
fraud, there is no
genuine permission to
enter so D is
trespassing
- D voluntarily
enters without
the permission
of the occupier.
- Entry
- s.9 (1) (b)
- Must also commit the
actus reus of theft or
commit GBH
- Must also commit the
actus reus of theft or
commit GBH
- Common actus reus elements
- Mens rea
- s.9 (1) (a)
- Intent to:
- steal
- Inflict GBH
- Do criminal damage to
the building or anything
in it
- steal
- Mens rea must be present
at the time of entry, need
not actually commit one of
the ulterior offences
- Intent to:
- s.9 (1) (b)
- Mens rea is that of
the ulterior offences
- MR of theft
- Dishonesty
- Intention to permanently
deprive
- Dishonesty
- MR of GBH
- Intention that V might
suffer some harm:
MOWATT
- Intention that V might
suffer some harm:
MOWATT
- MR of theft
- Mens rea must be
present at the time of
committing the actus
reus of the relevant
ulterior offence.
- Mens rea is that of
the ulterior offences
- For BOTH D must know or
be reckless as to whether he
was trespassing: COLLINS
- D may have permission to
enter a building but is still a
trespasser if he knowingly or
recklesslessly goes beyond
that permission when he
enters: JONES AND SMITH
- D may have permission to
enter a building but is still a
trespasser if he knowingly or
recklesslessly goes beyond
that permission when he
enters: JONES AND SMITH
- s.9 (1) (a)
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