BURGLARY

This offence has been set out under Section 9 of the Theft Act where;

1) Section 9(1)(a) requires that a person enters a building or part of a building as a trespasser to
commit the offences listed under Section 9(2). Section 9(2) states the following;
i) Stealing or intending to steal
ii) Causing or intending to cause GBH
iii) Causing or intending to cause Criminal Damage

2) Section 9(1)(b), where a person having entered a building becomes a trespasser and attempts
to steal, cause GBH.

Actus Reus

1) There has to be an entry

Brown Case – Defendant entered by breaking a window and leaning to get goods although
his whole body was not inside (Entry is a question of fact to be determined by the jury).
Ryan Case – Defendant tried to enter but got stuck in the window and could not reach
anything to steal.

2) The person has to be a trespasser which is defined as any person who does not have
permission to enter (express or implied) or exceeds his permission.

Collins Case – Victim gave permission to defendant to enter thinking that he was her
boyfriend, as consent was given to boyfriend and he was not, hence trespasser.
Jones and Smith Case – Son went to parent’s house and stole TV, exceeded his permission,
trespasser.

3) Entry has to be in a building or a part of building. Although building is not defined in the
Theft Act, Section 9(4) of the Act states that building includes vehicles and vessels which are
capable of human habitation, the test is to see the permanence of the structure.

B and S Case – Tents were held not to be a building.

Walkington Case – A person went behind the cash counter, although there were no physical
boundaries it was held that he trespassed into part of the building.

Mens rea

Direct Intent to trespass or reckless as to there being a trespass at the time of entry.

Aggravated Burglary
Defined in the Theft Act under Section 10. This offence is committed when a person trespasses
with a firearm, weapon or imitation firearm.