1.1.1 A person is guilty if he enters a
building or part of a building as a
trespasser with the intention to
steal, inflict GBH or do unlawful
1.2 s9 (1) (b)
1.2.1 A person is guilty if having
entered the building or part of
the building as a trespasser, he
steals, attempts to steals,
inflicts or attempts to inflict
2 ACTUS REUS
2.1 The same for both types of burglary
220.127.116.11 Entry isn't defined by the act, but by case law
18.104.22.168.1.1 Brown 1985
22.214.171.124.1.1.1 Ryan 1996
126.96.36.199.188.8.131.52 Defendant appealed against conviction, stating that it wasn't 'effective' as he was trapped and couldn't have stolen. Conviction
upheld as there was evidence of trespassing. It was held that 'effective' isn't needed to interpret 'entry'
184.108.40.206.1.1.2 Defendant appealed against his conviction claiming that his entry wasn't 'substantial' as only his arms had entered the
building. It was concluded that the word 'substantial' didn't help interpret 'entry'. Conviction upheld.
220.127.116.11.1.2 Defendant's conviction of s9 (1) (a) burglary was quashed as
it couldn't be evidenced that he entered as a trespasser. To be
convicted, the defendant must have made an "effective and
2.1.2 Building or part of a building
18.104.22.168.1 s4 explains what makes a building, but doesn't define it
22.214.171.124.1.1 An inhabited dwelling - houses or sheds. It also includes inhabited
vehicles - caravans and houseboats. Doesn't include a caravanette.
126.96.36.199.1.2 It has to be a fairly permanent structure, made to endure for a
considerable amount of time and not designed to be moved. Illustrated
188.8.131.52.1.2.1 Leathley 1979
184.108.40.206.220.127.116.11 25ft freezer, kept as storage for two years, rested on sleepers with
a door, lock and a supply of electricity = held to be a building.
18.104.22.168.1.2.2 Norfolk Constabulary v Seekings 1986
22.214.171.124.126.96.36.199 Two lorry trailers with wheels, used as storage for over a year. Had steps and electricity supply = held not to
be a building as the structure had not changed from that of a vehicle.
188.8.131.52 Part of a building
184.108.40.206.1 Covers situations where the
defendant had permission to be in one
part of a building, but not the other.
220.127.116.11.1.1.1 Defendant went into the part of a building
intended for staff use only. He was convicted of s9
(1) (a) as he entered as a trespasser with the
intention to steal.
2.1.3 As a
18.104.22.168 If permission is given, then it's not
seen as trespasser - Collins 1972.
22.214.171.124.1 Hemmings 2011
126.96.36.199.1.1 Defendant entered her husband's lover's house to find evidence to use against her
husband in court. She stole the woman's cat and was convicted of burglary.
188.8.131.52 If a person goes beyond the permission given to them, then it can be classed as trespassing
184.108.40.206.1 Smith and Jones
220.127.116.11.1.1 Defendant was the victim's son. He entered his father's house with a friend and took two TV sets without his
father's permission or knowledge. Convicted of s9 (1) (a) even though he had a general permission to enter - but
he had the intention to steal.
3 MENS REA
3.1 Two parts
3.1.1 Entering as a trespasser, and;
18.104.22.168 For both s9 (1) (a) and (b), the defendant must know or
be subjectively reckless as to whether he is trespassing.
22.214.171.124.1 Additionally for s9 (1) (a), the defendant must
intend to commit one of the three offences at the
time of entering the building.
126.96.36.199.1.1 The defendant can also be found guilty of conditional intent if he enters as a
trespasser with the intention to steal anything of value. Can still be found guilty if
he doesn't find/take anything.
188.8.131.52.2 For s9 (1) (b), the defendant must have the
mens rea for theft or GBH when committing
or attempting to commit the AR of one of