Burglary: Actus Reus

[Flash Card 1 of 1]

Theft Act 1968 (TA)

• S9(1)(a) TA: .. enters any building or part of a building as a trespasser and with intent to commit [theft, GBH, criminal damage]...
• S9(1)(b) TA: .. having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm...

Entry:

• jury Q / must be effective (Brown) / irrelevant if incapable of committing crime (Ryan)

Trespasser

• permission: true permission required (Boyce)
• insufficient consent: lawful purpose unlawful intent (Collins )/ exceed authority (Jones & Smith)

Building or part of:

• S9(3) TA: permanence / fixed or substantial
• S9(4) TA: vehicle or vessel / only if inhabited
• partitioned area of shop (Walkington )

S9(1)(b) TA

• theft or GBH (or attempted) / once entered
• theft AR: appropriates / property / belonging to another (S1 TA)
• GBH AR: inflict GBH (S18 Offences Against the Person Act 1861)

bits of law