There are two burglary offences:
1: Burglary under s.9(1)(a) - D enters a building or part of a building as a
trespasser, with the intention to steal, cause GBH, or criminal damage.
2: Burglary under s.9(1)(b) - having entered a building or part of a building as
a trespasser, D actually steals or causes GBH or attempts to commit either.
s.9(1)(a) s.9(1)(b)
AR: AR:
-Enters -D entered
-A building / part of building -A building / part of building
-As a trespasser -As a trespasser
-D commits theft, GBH or attempts
MR: them
-D knows or is reckless as to being
a trespasser MR:
-D intends to steal, intends GBH or -D knows or is reckless as to being a
intends criminal damage trespasser
-MR for the ulterior offence
Common elements:
Entry - not defined in the act and is still not clear. Entry is a question of fact
for the jury, Ryan says there is no need for D to be capable of committing the
offence for there to be an entry, so partial access can be sufficient.
Building - No definition but act mentions inhabited places such as houseboats
or caravans. Stevens v Gourley 1859 (Pre theft act 1968) - a building must
“intended to be permanent, or at least to endure for a considerable time”.
Leathley - 25 foot long freezer container at a farm used for storage, had
doors, locks and electricity, this was considered a building.
Seekings and Gould - lorry trailer with wheels, used for storage, held not a
building as it had wheels so it remained a vehicle.
1: Burglary under s.9(1)(a) - D enters a building or part of a building as a
trespasser, with the intention to steal, cause GBH, or criminal damage.
2: Burglary under s.9(1)(b) - having entered a building or part of a building as
a trespasser, D actually steals or causes GBH or attempts to commit either.
s.9(1)(a) s.9(1)(b)
AR: AR:
-Enters -D entered
-A building / part of building -A building / part of building
-As a trespasser -As a trespasser
-D commits theft, GBH or attempts
MR: them
-D knows or is reckless as to being
a trespasser MR:
-D intends to steal, intends GBH or -D knows or is reckless as to being a
intends criminal damage trespasser
-MR for the ulterior offence
Common elements:
Entry - not defined in the act and is still not clear. Entry is a question of fact
for the jury, Ryan says there is no need for D to be capable of committing the
offence for there to be an entry, so partial access can be sufficient.
Building - No definition but act mentions inhabited places such as houseboats
or caravans. Stevens v Gourley 1859 (Pre theft act 1968) - a building must
“intended to be permanent, or at least to endure for a considerable time”.
Leathley - 25 foot long freezer container at a farm used for storage, had
doors, locks and electricity, this was considered a building.
Seekings and Gould - lorry trailer with wheels, used for storage, held not a
building as it had wheels so it remained a vehicle.
