Burglary

S9(1)(a) Enters a building or part of a building as a trespasser, with intent to:

• Steal
• Inflict GBH
• Cause criminal damage

S9(1)(b) Having entered a building or part of a building as a trespasser:

• Steals or attempts to steal
• Inflicts or attempts to inflict GBH

Elements

Entry

• (Collins) “effective and substantial”
• (Brown) “effective”
• (Ryan) “evidence for the jury to find the D has entered”
  

Building or part of a building

• Must have some permanence (B and S v Leathley)
• Includes inhabited vehicle or vessel (s9(4) Theft Act 1968)
• Can be part of a building, D has permission to enter the building but not certain parts, (Walkington - where D enters till area of shop with intent to steal s9(1)(a))

As a trespasser

• If has permission, not a trespasser (Collins)
• Can go beyond permission (Smith & Jones)
• No genuine permission if permission gained by dishonesty/false representation

Mens rea

Must know or be subjectively reckless as to whether

• he is a trespasser (Collins) or
• has gone beyond permission (Smith and Jones)

s9(1)(a) Intention at point of entry to:

• steal
• inflict GBH
• cause criminal damage

s9(1)(b)

• mens rea for theft/GBH at point of committing or attempting to commit these offences in a building