Burglary AO1 and AO2
, Burglary AO1
• Intro
• S9(1)(a) – D enters a building or part of a building with intent to commit theft, inflict GBH or cause unlawful damage
• S9(1)(b) – Having entered a building or part of a building, D steals or attempts to steal or commits GBH or attempts to
commit GBH
• Actus Reus
• Entry – No longer has to be substantial or effective – it is for the jury to decide if entry was sufficient –Ryan
• Building – No definition in Theft Act 1968! – statutory interpretation = something of “considerable size and permanent
structure” – Stevens & Gourley, B&S Leathely
• S4 Theft Act 1968 extends building to cover inhabited vehicles and vessels
• Part of a building – covers staff only areas, stockrooms, etc. in buildings where people otherwise have permission to be (e.g. a shop) –
Walkington
• Trespasser – Either D has no permission to be in the place OR D has permission to be there but has exce
their permission to be there –Smith and Jones
• Mens Rea –
• Intention or subjective reckless as to entering as a trespasser
• PLUS 9(1)(a) intention for the ulterior offence (e.g. theft) – Conditional intention can also be enough – A-G Ref (1979)
• PLUS 9(1)(b) MR for Theft
, Burglary AO1
• Intro
• S9(1)(a) – D enters a building or part of a building with intent to commit theft, inflict GBH or cause unlawful damage
• S9(1)(b) – Having entered a building or part of a building, D steals or attempts to steal or commits GBH or attempts to
commit GBH
• Actus Reus
• Entry – No longer has to be substantial or effective – it is for the jury to decide if entry was sufficient –Ryan
• Building – No definition in Theft Act 1968! – statutory interpretation = something of “considerable size and permanent
structure” – Stevens & Gourley, B&S Leathely
• S4 Theft Act 1968 extends building to cover inhabited vehicles and vessels
• Part of a building – covers staff only areas, stockrooms, etc. in buildings where people otherwise have permission to be (e.g. a shop) –
Walkington
• Trespasser – Either D has no permission to be in the place OR D has permission to be there but has exce
their permission to be there –Smith and Jones
• Mens Rea –
• Intention or subjective reckless as to entering as a trespasser
• PLUS 9(1)(a) intention for the ulterior offence (e.g. theft) – Conditional intention can also be enough – A-G Ref (1979)
• PLUS 9(1)(b) MR for Theft
