Source: Statutory offence
Definitions of the 2 types of burglary..
S 9 (1) (a) D enters the building or part of a building, as a trespasser, with the intent to commit of 3 ulterior offences:
· Steal
· Inflict GBH on a person in the building
· To cause unlawful damage on to the building or anything in it.
S 9 (1) (b) D, having entered any building or any part of the building, as a trespasser, commits one of two offences:
· Steals or attempts to steal
· Inflicts or attempts to inflict GBH on any person in the building
Actus Reus (1) ENTRY
Not defined in S9
Courts/common law have explained what amounts to/constitutes as ‘entry’
Substantial means large in size
Example case: Collins (a man climbed a ladder naked, sat on a window sill, and engaged in sexual intercourse with a
girl who mistakenly thought he was her boyfriend. He was convicted of burglary under S9 (1) (a), but the CA quashed
the conviction, stating that entry had to be substantial and effective)
Courts have adopted a more public policy approach in subsequent cases, such as R v Brown (1985) and R v Ryan
(1996), where convictions for burglary were upheld despite the "effective" nature of the conviction, even if the entry
was not substantial.
Actus Reus (2) A BUILDING OR PART OF A BUILDING
The Act only gave a very vague definition at S9 (4) which say that it will also include any “inhabited vehicle or
vessel”.
The term “building” has therefore required some additional interpretation by the courts.
Courts have decided a “building” is a structure with some “permanence”.
A shed which could be easily taken down would not be a building.
Courts have accepted houseboats and caravans can constitute/count as a building for burglary
Example cases:
B and S v Leathley - a freestanding freezer container taken off wheels (left on wooden sleepers) which had electricity,
not used as a lorry container and which could be locked was a building.
Norfolk Constabulary v Seeking & Gould– a lorry container which had not been used as such for a year, which had
steps and electricity was not a building because it was still on wheels.
“Part of a building” could include areas where D is denied (not allowed access)- e.g. the till area of a shop
Walkington (1979) where the court confirmed that the area behind a 3 sided shop counter constituted/counted as
“part of a building” for the law on burglary
Actus Reus (3) AS A TRESPASSER
A trespasser is someone who enters without permission.
Trespass can include going beyond/exceeding permission.
Smith and Jones– D generally had permission to enter his father’s house but he exceeded this when he went in at
night and stole TV sets.
Definitions of the 2 types of burglary..
S 9 (1) (a) D enters the building or part of a building, as a trespasser, with the intent to commit of 3 ulterior offences:
· Steal
· Inflict GBH on a person in the building
· To cause unlawful damage on to the building or anything in it.
S 9 (1) (b) D, having entered any building or any part of the building, as a trespasser, commits one of two offences:
· Steals or attempts to steal
· Inflicts or attempts to inflict GBH on any person in the building
Actus Reus (1) ENTRY
Not defined in S9
Courts/common law have explained what amounts to/constitutes as ‘entry’
Substantial means large in size
Example case: Collins (a man climbed a ladder naked, sat on a window sill, and engaged in sexual intercourse with a
girl who mistakenly thought he was her boyfriend. He was convicted of burglary under S9 (1) (a), but the CA quashed
the conviction, stating that entry had to be substantial and effective)
Courts have adopted a more public policy approach in subsequent cases, such as R v Brown (1985) and R v Ryan
(1996), where convictions for burglary were upheld despite the "effective" nature of the conviction, even if the entry
was not substantial.
Actus Reus (2) A BUILDING OR PART OF A BUILDING
The Act only gave a very vague definition at S9 (4) which say that it will also include any “inhabited vehicle or
vessel”.
The term “building” has therefore required some additional interpretation by the courts.
Courts have decided a “building” is a structure with some “permanence”.
A shed which could be easily taken down would not be a building.
Courts have accepted houseboats and caravans can constitute/count as a building for burglary
Example cases:
B and S v Leathley - a freestanding freezer container taken off wheels (left on wooden sleepers) which had electricity,
not used as a lorry container and which could be locked was a building.
Norfolk Constabulary v Seeking & Gould– a lorry container which had not been used as such for a year, which had
steps and electricity was not a building because it was still on wheels.
“Part of a building” could include areas where D is denied (not allowed access)- e.g. the till area of a shop
Walkington (1979) where the court confirmed that the area behind a 3 sided shop counter constituted/counted as
“part of a building” for the law on burglary
Actus Reus (3) AS A TRESPASSER
A trespasser is someone who enters without permission.
Trespass can include going beyond/exceeding permission.
Smith and Jones– D generally had permission to enter his father’s house but he exceeded this when he went in at
night and stole TV sets.
