Burglary – Unit 2.2, Chapter 16

1. Introduction to Burglary

• Burglary is a serious property offense under Section 9 of the Theft Act 1968.
• It is committed when someone unlawfully enters a building or part of a building intending to commit or actually committing an offense such as theft or grievous bodily harm (GBH).
• Burglary is different from robbery, as it focuses on unlawful entry, whereas robbery involves force or threats to commit theft.
• The law differentiates between two types of burglary:
  • Section 9(1)(a): Entering with the intent to commit theft, GBH, or criminal damage.
  • Section 9(1)(b): Having entered as a trespasser, committing or attempting to commit theft or GBH.

2. Definition of Burglary Under the Theft Act 1968

A person is guilty of burglary if:

He enters a building or part of a building as a trespasser with intent to commit theft, grievous bodily harm, or unlawful damage. (Section 9(1)(a))
Having entered a building or part of a building as a trespasser, he steals or attempts to steal anything, or inflicts or attempts to inflict grievous bodily harm. (Section 9(1)(b))

Key Differences Between Section 9(1)(a) and 9(1)(b):

3. Actus Reus of Burglary

The actus reus of burglary consists of three key elements:

1. Entry
2. Building or Part of a Building
3. Trespasser

3.1 Entry

• “Entry” is not defined in the Theft Act 1968, but case law has established that even partial entry is sufficient.
• Case Example: R v Brown (1985)
  • The defendant was leaning through a broken shop window, stealing goods.
  • The court ruled that effective entry was enough for burglary.
• Case Example: R v Ryan (1996)
  • The defendant got stuck while trying to climb through a window.
  • The court ruled that even minimal entry was enough to constitute burglary.

3.2 Building or Part of a Building

• Definition: The term “building” includes houses, shops, warehouses, offices, and even sheds.
• Under Section 9(4) of the Theft Act 1968, buildings include inhabited vessels or vehicles.
• Case Example: B & S v Leathley (1979)
  • A 25-foot freezer container, resting on sleepers and used as storage for two years, was ruled a building.
• Case Example: Norfolk Constabulary v Seekings and Gould (1986)
  • A lorry trailer with wheels, used for storage, was ruled not a building because it was still a vehicle.

3.3 Trespasser

• A person is a trespasser if they enter a building or part of a building without permission.
• Case Example: R v Collins (1972)
  • A man entered a bedroom and engaged in sexual activity with the victim.
  • He was not guilty of burglary because he had been invited inside.
• Case Example: R v Jones and Smith (1976)
  • The defendant entered his father’s house with permission but stole a TV.
  • The court ruled that exceeding permission makes a person a trespasser.

4. Mens Rea of Burglary

To be guilty of burglary, the defendant must have:

1. Knowledge or recklessness as to trespassing
   • They must know they are trespassing or be reckless about it.
2. Intention to commit an ulterior offense (Section 9(1)(a))
   • The defendant must intend to commit theft, GBH, or criminal damage upon entry.
3. Mens rea for theft or GBH (Section 9(1)(b))
   • The defendant must have the mens rea for theft or GBH when committing or attempting the offense.

5. Aggravated Burglary (Section 10 of the Theft Act 1968)

• A person commits aggravated burglary if they commit burglary while carrying:
  • A firearm or imitation firearm.
  • A weapon of offense (any object used to cause injury).
  • An explosive.
• Case Example: R v O’Leary (1986)
  • The defendant entered a house unarmed but later picked up a knife inside.
  • The court ruled he was not guilty of aggravated burglary because he did not have the weapon at the time of entry.

6. Sentencing for Burglary

• Burglary is a triable-either-way offense (can be tried in the Magistrates’ Court or Crown Court).
• Maximum Sentences:
  • Domestic burglary: 14 years imprisonment.
  • Non-domestic burglary: 10 years imprisonment.
  • Aggravated burglary: Life imprisonment.
• Factors Affecting Sentencing:
  • Aggravating Factors (Increasing Sentence):
    • Use of weapons or threats.
    • Targeting vulnerable victims.
    • Causing significant damage to property.
  • Mitigating Factors (Reducing Sentence):
    • First-time offense.
    • No actual violence used.
    • Defendant cooperated with authorities.

7. Evaluation of Burglary Law

7.1 Strengths

✔ Clear distinction between burglary and other offenses
✔ Recognizes varying levels of culpability (basic burglary vs. aggravated burglary)
✔ Provides protection for homes and businesses

7.2 Weaknesses

❌ “Entry” is not clearly defined – Courts have struggled to determine what level of entry is required.
❌ Confusion over trespassing – The Collins (1972) and Jones & Smith (1976) cases show uncertainty about what qualifies as trespassing.
❌ Sentencing disparity – Some aggravated burglaries are treated too harshly compared to violent crimes.

8. Conclusion

• Burglary is a serious offense with strict laws to protect property and individuals.
• The distinction between Sections 9(1)(a) and 9(1)(b) ensures different levels of liability.
• Aggravated burglary has severe consequences, especially when weapons are involved.
• Some aspects of burglary law remain unclear, particularly in defining entry, buildings, and trespassing.
• Future reforms could clarify the law and ensure fairer sentencing.