Burglary
S 9(1)(a) Theft Act 1968 – D enters any building or part of a building as a trespasser with
intent to commit… theft, grievous bodily harm or criminal damage (s 9(2))
Actus reus:
Entry – R v Ryan – it is for the jury to decide whether they think D had entered the building
Building or part of a building – majority of burglaries involve houses, factories, offices,
shops, garden sheds etc and these do not necessarily need to be inhabited, they are sturdy
and permanent structures
S 9(4) Theft Act 1968 – building includes an inhabited vehicle or inhabited vessel, inhabited
means someone is living in it, even if they are not physically there at the time the burglary
happens
Inhabited vehicle includes caravans or motorhomes, inhabited vessel includes canal
boats/narrow boats (R v Coleman)
B & S v Leathley – stated that something like a container, or a container, may be a building if
it is big enough, strong/solid enough and, at least, semi-permanent/has some degree of
permanence
Norfolk Constabulary v Seekings & Gould – a lorry trailer is just a vehicle; it is not inhabited
so therefore does not amount to a building
Part of a building – can mean different rooms (R v Cook), can mean a different area of a
room, such as behind the counter in a shop (R v Walkington) or behind the bar in a pub
R v Walkington – it is for the jury to decide whether something amounts to part of a building
Trespasser – to be somewhere without consent – R v Collins
D must intend to be trespassing or be reckless as to whether they are trespassing (i.e. D is
aware that he may be a trespasser) – R v Collins
D may exceed his permission to be somewhere and will then be a trespasser, D may have
been given permission to enter a building or part of a building, but if D enters with intent to
commit theft, GBH or criminal damage, then he will have exceeded his permission and will
be a trespasser – R v Jones; R v Smith
Mens rea:
S 9(1)(a) Theft Act 1968 – D enters any building or part of a building as a trespasser with
intent to commit… theft, grievous bodily harm or criminal damage (s 9(2))
Actus reus:
Entry – R v Ryan – it is for the jury to decide whether they think D had entered the building
Building or part of a building – majority of burglaries involve houses, factories, offices,
shops, garden sheds etc and these do not necessarily need to be inhabited, they are sturdy
and permanent structures
S 9(4) Theft Act 1968 – building includes an inhabited vehicle or inhabited vessel, inhabited
means someone is living in it, even if they are not physically there at the time the burglary
happens
Inhabited vehicle includes caravans or motorhomes, inhabited vessel includes canal
boats/narrow boats (R v Coleman)
B & S v Leathley – stated that something like a container, or a container, may be a building if
it is big enough, strong/solid enough and, at least, semi-permanent/has some degree of
permanence
Norfolk Constabulary v Seekings & Gould – a lorry trailer is just a vehicle; it is not inhabited
so therefore does not amount to a building
Part of a building – can mean different rooms (R v Cook), can mean a different area of a
room, such as behind the counter in a shop (R v Walkington) or behind the bar in a pub
R v Walkington – it is for the jury to decide whether something amounts to part of a building
Trespasser – to be somewhere without consent – R v Collins
D must intend to be trespassing or be reckless as to whether they are trespassing (i.e. D is
aware that he may be a trespasser) – R v Collins
D may exceed his permission to be somewhere and will then be a trespasser, D may have
been given permission to enter a building or part of a building, but if D enters with intent to
commit theft, GBH or criminal damage, then he will have exceeded his permission and will
be a trespasser – R v Jones; R v Smith
Mens rea:
