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THEFT ACT 1968 S.9

BURGLARY

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BURGLARY
DEFINITION

s.9 provides two different ways in which burglary can be committed.

Under s.9(1)(a) a person is guilty of burglary if he enters a building or part of a building as a

trespasser with the intent to steal, inflict grievous bodily harm or do unlawful damage to the
building or anything in it.

Under s.9(1)(b) a person is guilty of burglary if, having entered a building or part of a building as a
trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict
grievous bodily harm on any person in the building.

The only deference between the two is:

- (1)a must intend to do one of the three ulterior offences at the time of entering.

- (1)b whatever D intended to do when entering is irrelevant, however the prosecution must show
that he actually committed or attempted theft or grievous bodily harm.

BURGLARY
ACTUS REUS - ENTRY S.9(1)(A)+(B)

Entry is not defined in the Theft Act 1968, but there has been several cases on the meaning of
the word.

The entry must be effective and substantial meaning they Ds body must have entered for the
crime to be committed and not just because he was wholly in the building. Case: R V Collins

However, this changed to just effective as the word substantial did not materially assist the
definition of entry. Case: R V Brown

However the in a later case the concept of effective entry does not appear to have been
followed. COA stated that it was on evidence that the Jury could find that the defendant had
entered. Case: R V Ryan

BURGLARY
AR - BUILDING (1)A+B

The Theft Act 1968 gives an extended meaning to the word building so that it includes
inhabited places such as houseboats or caravans, which would otherwise not be included in
the offence. However it does not define building.

Is a large storage container a building?

B and S V Leathley - large freezer used as storage unit which has doors, locks and was
connected to an electricity supply was deemed to be a building.

Norfolk Constabulary V Seekings and Gould - a lorry trailer with wheels which has been
used as storage for over a year, which is connected to an electricity supply was held not to
be a building but a vehicle due to the fact it had wheels.

Burglary (Offences against the property) - 21 February 2017

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BURGLARY
AR - OR PART OF A BUILDING (1)A+B

The use of or part of a building is used to cover situations in which the defendant may have
permission to be in one part of the building (and therefore is not a trespasser in that part) but
doesnt have permission to be in another part.

Part of a building includes an area within a building which only certain people are allowed to
enter. Case: Wakington (Didnt have permission to go behind shop counter and he also intended
to steal. Charged under (1)(a))

BURGLARY
AR - AS A TRESPASSER 9(1)(A)+(B)

Definition - When a person intentionally or recklessly enters a building, in possession of another,

without permission or legal right to do so.

If a person has permission to enter the building or part of the building then he is not a
trespasser. Case: R V Collins

HOWEVER

You can go beyond permission. Case: Smith and Jones (permission was given to enter, not
enter and steal)

BURGLARY
MR - S.9(1)(A)

D must know or be subjectively reckless as to whether he is a trespasser

Intention to:

1. Steal

2. inflict GBH (under s.18/20 of the OAPT Act 1861)

3. do unlawful damage

D must have intent before entering and committing the ulterior offence.

BURGLARY
MR - S.9(1)(B)

1. D must know or be subjectively reckless as to whether he is a trespasser

2. Mens Rea for Theft when D Steals, or attempts to steal

3. Mens Rea for GBH when D Inflicts GBH (under s.18/20 of the OAPT Act 1861), or
attempts to inflict GBH

D need not intend to commit one of these but have actually committed the act or
attempted to.

Burglary (Offences against the property) - 21 February 2017