Burglary

Burglary

defined in s.9 of Theft Act 1968 - two seperate offences. 91a and 91b. 

91a

the D enters the building, or part of a building as a trespasser and with intent to commit one of three ulterior offences;

• 1. to steal
• 2. to inflict GBH.
• 3. cause criminal damage to the building or anything in it.

91b

the D having entered the building, or part of a building as a tresspasser, commits one of two offences

• 1. stealing or an attempt to do so
• 2. inflicting or attempting to inflict GBH on any person in the building. 

THERE IS CONSIDERABLE OVERLAP BETWEEN 91a & 91b = IT IS POSSIBLE FOR SOMEONE TO COMMIT BOTH OFFENCES.

AR

• entered
• a building or part of a building
• as a trespasser

entry

R V COLLINS - entry has to be 'effective and substancial'

R V BROWN - held that entry only had to be 'effective' 

R V RYAN - ruled that being part way through a window and becoming stuck is also effective. 

building or part of…