Burglary As Defined In S9 Theft Act 1968: S9(1)(a) And (2) – Actus Reus And Mens Rea (Copy)
Burglary As Defined In s9 Theft Act 1968: s9(1)(a) And s9(2) – Actus Reus And Mens Rea
(England And Wales — Statutes & Case Law Only — Tabular, Quick-Revision, Examiner-Focused)
Statutory Framework Of Burglary
| Statute | Provision | Legal Effect |
|---|---|---|
| Theft Act 1968 s9(1)(a) | Entry as a trespasser with intent | Inchoate burglary |
| Theft Act 1968 s9(2) | Aggravated form following entry | Completed burglary |
| Theft Act 1968 s9(3) | Definition of building | Scope clarification |
Burglary Under s9(1)(a): Overview
A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict GBH, or do unlawful damage.
Core Structure
| Component | Requirement |
|---|---|
| Entry | Into building or part |
| Trespass | Entry without consent |
| Mens rea | Intent at time of entry |
| No further act required | Burglary complete on entry |
s9(1)(a) — Actus Reus
Entry
| Case | Principle | Examiner Focus |
|---|---|---|
| R v Brown (1985) | “Effective entry” required | Partial entry sufficient |
| R v Ryan (1996) | Entry even if stuck | Entry can be ineffective |
- No statutory definition of entry
- Any effective insertion of body may suffice
Building Or Part Of A Building
| Authority | Principle |
|---|---|
| s9(3) TA 1968 | Includes inhabited vehicles/vessels |
| R v Walkington (1979) | Part of building qualifies |
| R v Collins (1973) | Must be a building |
- “Part of a building” includes:
- Staff-only areas
- Closed sections of shops
Trespass
| Case | Principle | Examiner Focus |
|---|---|---|
| R v Collins (1973) | Entry must be trespassory | Consent negates trespass |
| R v Jones & Smith (1976) | Knowledge or recklessness | Mens rea of trespass |
- Trespass requires:
- No consent or
- Entry exceeding consent
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
s9(1)(a) — Mens Rea
Intent At Time Of Entry
| Required Intent | Authority |
|---|---|
| Intent to steal | s9(1)(a) |
| Intent to inflict GBH | s9(1)(a) |
| Intent to do unlawful damage | s9(1)(a) |
| Case | Principle |
|---|---|
| R v Collins (1973) | Intent must exist at entry |
| R v AG’s Ref (No 1 of 1979) | Conditional intent sufficient |
- Conditional intent accepted:
- “If there is anything worth stealing, I will take it”
Burglary Under s9(2): Overview
A person is guilty of burglary if, having entered a building or part of a building as a trespasser, he steals or attempts to steal, or inflicts or attempts to inflict GBH.
s9(2) — Actus Reus
Entry As A Trespasser
| Requirement | Authority |
|---|---|
| Entry | Brown; Ryan |
| Building or part | Walkington |
| Trespass | Jones & Smith |
- Same actus reus elements as s9(1)(a)
- Timing differs (see mens rea)
Further Act After Entry
| Act | Requirement |
|---|---|
| Steals | Completed theft |
| Attempts to steal | Criminal Attempts Act 1981 |
| Inflicts GBH | OAPA 1861 |
| Attempts to inflict GBH | Attempt sufficient |
| Case | Principle |
|---|---|
| R v Collins | Entry alone insufficient under s9(2) |
| R v Hale (1979) | Continuing act doctrine |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
s9(2) — Mens Rea
Mens Rea At Time Of Further Act
| Element | Requirement |
|---|---|
| Trespass | Knowledge or recklessness |
| Theft | Dishonesty + intention to permanently deprive |
| GBH | Intention or recklessness |
| Case | Principle |
|---|---|
| R v Collins | Intent can form after entry |
| R v Hale | Entry can be continuing |
- Unlike s9(1)(a):
- No intent required at moment of entry
- Mens rea must exist when theft/GBH occurs
Key Differences: s9(1)(a) vs s9(2)
| Feature | s9(1)(a) | s9(2) |
|---|---|---|
| When burglary completes | On entry | On further act |
| Intent timing | At entry | At act |
| Need to steal/GBH | No | Yes |
| Conditional intent | Accepted | Not relevant |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Examiner Comparison Table
| Scenario | Liability |
|---|---|
| Enters shop to steal later | s9(1)(a) |
| Enters innocently, then steals | s9(2) |
| Enters as guest, steals | No burglary (no trespass) |
| Enters staff-only area | Burglary possible |
Examiner Hotspots
| Issue | Key Authority |
|---|---|
| Entry definition | Brown; Ryan |
| Part of building | Walkington |
| Trespass mens rea | Jones & Smith |
| Conditional intent | AG’s Ref (No 1 of 1979) |
| Timing distinction | Collins |
Common Examiner Errors
| Error | Correction |
|---|---|
| Requiring full entry | Partial entry sufficient |
| Ignoring part of building | Staff-only areas qualify |
| Mixing intent timing | Different for s9(1)(a) and s9(2) |
| Assuming theft always required | Not for s9(1)(a) |
High-Yield Examiner Lines
- “Burglary under s9(1)(a) is complete on entry with intent.”
- “Burglary under s9(2) requires a further act after entry.”
- “Conditional intent satisfies s9(1)(a).”
- “Entry as a trespasser is central to both offences.”
- “The timing of mens rea distinguishes s9(1)(a) from s9(2).”
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course