Burglary — Main Cases And Chains

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Definition Of Burglary

Under s9 Theft Act 1968:

Burglary Occurs Where A Person:

• Enters A Building Or Part Of Building
• As A Trespasser
• With Intention To Commit Theft, GBH Or Criminal Damage

OR

• Having Entered As Trespasser
• Actually Commits Or Attempts Theft Or GBH

Two Types Of Burglary

Core Burglary Structure

Universal Burglary Chain

• Defendant Enters
• Building Or Part Of Building Entered
• Defendant Is Trespasser
• Intent Exists
OR
• Theft/GBH Committed
• Burglary Established

Entry Chains

Definition Of Entry

Chain

• Defendant Must Enter Property
• Entry Need Not Be Full Body Entry
• Partial Entry May Suffice
• Jury Determines Sufficiency Of Entry

Main Case — R v Brown

Principle

• Partial Entry Sufficient For Burglary

Main Case — R v Ryan

Principle

• Entry Need Only Be Effective And Substantial

Main Case — Collins

Principle

• Jury Determines Whether Entry Sufficient

Entry High-Level Chain

• Defendant Physically Enters
• Full Entry Not Required
• Partial Entry May Suffice
• Entry Element Established

Building Chains

Definition Of Building

Under s9 Theft Act 1968:

• Building Includes Structures
• Includes Inhabited Vehicles/Vessels

Building Chain

• Structure Must Exist
• Permanent Or Temporary Structure May Qualify
• Inhabited Vehicles Included
• Building Requirement Established

Main Case — Norfolk Constabulary v Seekings And Gould

Principle

• Large Container Not Sufficiently Permanent To Be Building

Main Case — B And S v Leathley

Principle

• Storage Container Held To Be Building

Main Case — Stevens v Gourley

Principle

• Temporary Structures May Constitute Buildings

Inhabited Vehicle/Vessel Chains

Inhabited Structures

Chain

• Inhabited Vehicles Count As Buildings
• Occupation Important
• Residential Use Creates Protection

Main Case — Magistrates Court Act Definition Applied

Principle

• Caravan/Houseboat May Qualify If Inhabited

Building High-Level Chain

• Structure Exists
• Structure Sufficiently Permanent
OR
• Vehicle/Vessel Inhabited
• Building Element Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Part Of Building Chains

Part Of Building Principle

Chain

• Defendant May Have Permission For One Area
• Entering Restricted Area Creates Trespass
• Internal Boundaries Important
• Burglary May Occur Within Same Building

Main Case — Walkington

Principle

• Entering Behind Shop Counter Constituted Trespass Into Part Of Building

Main Case — Jones And Smith

Principle

• Exceeding Permission Created Trespass

Part Of Building High-Level Chain

• Defendant Has Limited Permission
• Restricted Area Entered
• Permission Exceeded
• Trespass Established

Trespasser Chains

Definition Of Trespasser

Chain

• Defendant Enters Without Permission
OR
• Exceeds Scope Of Permission
• Knowledge/Recklessness About Trespass Required
• Trespass Element Established

Main Case — Collins

Principle

• Genuine Belief In Consent Prevented Trespass

Main Case — Jones And Smith

Principle

• Defendant Can Become Trespasser By Exceeding Permission

Main Case — Barker

Principle

• Defendant Must Know Or Be Reckless About Trespass

Trespass High-Level Chain

• Permission Absent
OR
• Permission Exceeded
• Defendant Knows/Reckless About Trespass
• Trespass Established

s9(1)(a) Burglary Chains

s9(1)(a) Structure

Chain

• Defendant Enters As Trespasser
• Intent Exists At Time Of Entry
• Theft/GBH/Criminal Damage Intended
• Actual Commission Not Necessary
• Burglary Complete Upon Entry

Main Case — Attorney General’s Reference (Nos 1 And 2 Of 1979)

Principle

• Conditional Intent Sufficient For Burglary

Main Case — Easom

Principle

• Mere Possibility Without Decision Insufficient

s9(1)(a) High-Level Chain

• Defendant Enters
• Defendant Trespasses
• Intent Exists At Moment Of Entry
• Intended Offence Identified
• Burglary Established

s9(1)(b) Burglary Chains

s9(1)(b) Structure

Chain

• Defendant Enters As Trespasser
• Defendant Commits/Attempts Theft Or GBH
• Intent At Entry Not Necessary
• Actual Commission Required

Main Case — Jenkins

Principle

• Theft/GBH Must Actually Occur Or Be Attempted

s9(1)(b) High-Level Chain

• Defendant Enters As Trespasser
• Theft/GBH Attempted Or Committed
• Burglary Established

Intent Chains

Intent Requirement

Chain

• Defendant Must Intend Theft, GBH Or Criminal Damage
• Conditional Intent May Suffice
• Intent Must Exist At Time Of Entry Under s9(1)(a)

Main Case — Attorney General’s Reference (Nos 1 And 2 Of 1979)

Principle

• Conditional Intent May Establish Burglary Mens Rea

Intent High-Level Chain

• Defendant Plans Theft/GBH/Criminal Damage
• Intent Exists During Entry
• Mens Rea Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Conditional Intent Chains

Conditional Intent Principle

Chain

• Defendant May Intend Theft Only If Valuable Property Found
• Conditional State Of Mind Still Sufficient
• Courts Recognise Flexible Criminal Intent

Main Case — Attorney General’s Reference (Nos 1 And 2 Of 1979)

Principle

• Conditional Intent Sufficient For Burglary Liability

Main Case — Easom

Principle

• Mere Inspection Without Decision To Steal Insufficient

Aggravated Burglary Chains

Definition Of Aggravated Burglary

Under s10 Theft Act 1968:

• Defendant Commits Burglary
AND
• Possesses Weapon Of Offence, Firearm Or Explosive

Aggravated Burglary Chain

• Burglary Occurs
• Defendant Possesses Dangerous Item
• Item Present During Burglary
• Aggravated Burglary Established

Main Case — Stones v Haskins

Principle

• Weapon Need Not Be Used
• Mere Possession Sufficient

Main Case — R v Kelly

Principle

• Ordinary Object May Become Weapon Of Offence

Weapon Of Offence Chains

Weapon Principle

Chain

• Object Intended To Cause Injury
• Everyday Objects May Qualify
• Intention Important
• Possession During Burglary Sufficient

Main Case — R v Kelly

Principle

• Knife Carried During Burglary Constituted Weapon

Main Case — Stones v Haskins

Principle

• Possession Alone Sufficient

Trespass By Exceeding Permission Chains

Exceeding Permission Principle

Chain

• Defendant Initially Enters Lawfully
• Conduct Goes Beyond Permission
• Defendant Becomes Trespasser
• Burglary Liability May Arise

Main Case — Jones And Smith

Principle

• Son Became Trespasser By Entering Father’s House To Steal

Main Case — Walkington

Principle

• Entering Restricted Shop Area Created Trespass

Burglary Universal Exam Chain

• Defendant Enters
• Building/Part Of Building Entered
• Defendant Is Trespasser
• Defendant Intends Theft/GBH/Criminal Damage
OR
• Defendant Commits/Attempts Theft/GBH
• Burglary Established

High-Level Burglary Chains

Entry Universal Chain

• Defendant Physically Enters
• Partial Entry May Suffice
• Jury Determines Sufficiency
• Entry Established

Trespass Universal Chain

• Permission Absent/Exceeded
• Defendant Aware Of Trespass
• Trespass Established

s9(1)(a) Universal Chain

• Entry Occurs
• Trespass Exists
• Intent Present At Entry
• Burglary Complete

s9(1)(b) Universal Chain

• Entry Occurs
• Trespass Exists
• Theft/GBH Actually Attempted Or Committed
• Burglary Complete

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Most Important Burglary Cases To Memorise

Most Important Exam Chains

Universal Burglary Chain

• Defendant Enters
• Building/Part Of Building Entered
• Defendant Is Trespasser
• Intent Exists
OR
• Theft/GBH Committed
• Burglary Established

Trespass Universal Chain

• Permission Absent/Exceeded
• Defendant Aware Of Trespass
• Trespass Established

Aggravated Burglary Chain

• Burglary Established
• Weapon/Firearm/Explosive Present
• Possession During Burglary
• Aggravated Burglary Established

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.