Burglary - s.9 (1) THEFT ACT 1968

Burglary - s.9 (1) THEFT ACT 1968

1. s.9 (1) (a)

   • Enter a building or part of a building as a trespasser with intent to:
     • Steal
     • Inflict GBH
     • Do unlawful damage to the building or anything in it

2. s.9 (1) (b)

   • Having entered a building or part of a building as a trespasser
     • D steals
     • D inflicts GBH

3. Actus reus

   • Common actus reus elements
     • Entry
       • Question of fact for the jury to decide: RYAN
     • Building or part of a building
       • Must enter a building or part of a building: STEVENS v GOURLEY
       • Vehicles can also be burgled: s.9 (4).
       • Large storage containers are buildings when they have no wheels: B AND S v LEATHLEY
         • But not when the wheels are still attached: NORFOLK CONSTABULARY v SEEKINGS AND GOULD
       • Question for the jury to decide in each case
     • Trespasser
       • D voluntarily enters without the permission of the occupier.
       • If he has permission to enter one part of the building and then enters another, he is trespassing.
       • If he has been banned from the building, he is a trespasser when he enters
       • Where D gains entry by fraud, there is no genuine permission to enter so D is trespassing
   • s.9 (1) (b)
     • Must also commit the actus reus of theft or commit GBH

4. Mens rea

   • s.9 (1) (a)
     • Intent to:
       • steal
       • Inflict GBH
       • Do criminal damage to the building or anything in it
     • Mens rea must be present at the time of entry, need not actually commit one of the ulterior offences
   • s.9 (1) (b)
     • Mens rea is that of the ulterior offences
       • MR of theft
         • Dishonesty
         • Intention to permanently deprive
       • MR of GBH
         • Intention that V might suffer some harm: MOWATT
     • Mens rea must be present at the time of committing the actus reus of the relevant ulterior offence.
   • For BOTH D must know or be reckless as to whether he was trespassing: COLLINS
     • D may have permission to enter a building but is still a trespasser if he knowingly or recklesslessly goes beyond that permission when he enters: JONES AND SMITH