Main Cases and Statutes for Burglary
Burglary — Main Cases And Statutes
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.
Main Statute For Burglary
| Statute | Importance |
|---|---|
| Theft Act 1968 | Main Law Governing Burglary |
Section 9 Theft Act 1968 — Burglary
s9(1)(a)
• Entering Building/Part Of Building
• As Trespasser
• With Intent To Commit Theft, GBH Or Criminal Damage
s9(1)(b)
• Entering Building/Part Of Building
• As Trespasser
• Then Committing/Attempting Theft Or GBH
Key Importance
• Burglary Has Two Separate Forms
• Trespass Essential
• Entry Important
• Different Mens Rea Requirements Apply
Burglary Universal Chain
• Entry Occurs
• Building/Part Of Building Entered
• Defendant Trespasses
• Relevant Intent/Offence Proven
• Burglary Established
Section 9(1)(a) Burglary
Rule
• Defendant Enters As Trespasser
• Intends Theft, GBH Or Criminal Damage At Time Of Entry
Key Importance
• Actual Theft/GBH Need Not Occur
• Intent Alone Sufficient
Main Cases For s9(1)(a)
| Case | Principle |
|---|---|
| AG Ref Nos 1 And 2 Of 1979 | Conditional Intent Sufficient |
| Easom | Mere Possibility Insufficient |
AG Ref Nos 1 And 2 Of 1979 Chain
• Defendant Intended Theft If Opportunity Arose
• Conditional Intent Accepted
• Mens Rea Established
• Burglary Possible
Easom Chain
• Defendant Merely Examined Property
• No Final Decision To Steal
• Mere Possibility Insufficient
• Burglary Failed
Section 9(1)(b) Burglary
Rule
• Defendant Enters As Trespasser
• Actually Commits/Attempts Theft Or GBH
Key Importance
• Intent At Entry Not Necessary
• Actual Theft/GBH Required
Main Cases For s9(1)(b)
| Case | Principle |
|---|---|
| Jenkins | Actual Commission Of Theft/GBH Required |
Jenkins Chain
• Defendant Entered As Trespasser
• Theft/GBH Actually Occurred
• s9(1)(b) Requirements Satisfied
• 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.
Entry
Section 9 Theft Act 1968 — Entry Requirement
Rule
• Defendant Must Enter Building/Part Of Building
Key Importance
• Full Body Entry Not Necessary
• Partial Entry May Suffice
• Jury Usually Decides Sufficiency
Main Cases For Entry
| Case | Principle |
|---|---|
| Brown | Partial Entry Sufficient |
| Ryan | Effective Entry Sufficient |
| Collins | Jury Determines Sufficiency |
Brown Chain
• Defendant Partially Entered Window
• Partial Physical Entry Occurred
• Entry Requirement Satisfied
• Burglary Possible
Ryan Chain
• Defendant Became Stuck In Window
• Effective Entry Still Occurred
• Entry Requirement Established
Collins Chain
• Court Left Sufficiency Of Entry To Jury
• Jury Determined Whether Entry Existed
Effective Entry
Definition
• Entry Sufficient To Facilitate Crime
Key Importance
• Defendant Need Not Fully Enter
• Partial Penetration May Suffice
Main Cases
| Case | Principle |
|---|---|
| Ryan | Effective Entry Sufficient |
| Brown | Partial Entry Accepted |
Building
Section 9 Theft Act 1968 — Building Requirement
Rule
• Burglary Requires Entry Into Building Or Part Of Building
Key Importance
• Permanent Structures Usually Included
• Temporary Structures Sometimes Included
• Inhabited Vehicles/Vessels Protected
Main Cases For Building
| Case | Principle |
|---|---|
| B And S v Leathley | Container Was Building |
| Norfolk Constabulary v Seekings And Gould | Container Not Sufficiently Permanent |
| Stevens v Gourley | Temporary Structure May Qualify |
B And S v Leathley Chain
• Container Had Permanent Features
• Used As Fixed Structure
• Counted As Building
• Burglary Possible
Seekings And Gould Chain
• Trailer Lacked Permanence
• Structure Not Building
• Burglary Failed
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
Section 9 Theft Act 1968 — Part Of Building
Rule
• Restricted Area Within Building May Count Separately
Key Importance
• Permission For One Area Does Not Mean Permission Everywhere
• Internal Boundaries Important
Main Cases
| Case | Principle |
|---|---|
| Walkington | Counter Area = Part Of Building |
| Jones And Smith | Exceeding Permission Created Trespass |
Walkington Chain
• Defendant Entered Restricted Shop Area
• Area Counted As Part Of Building
• Trespass Occurred
• Burglary Possible
Jones And Smith Chain
• Defendant Had General Permission To Enter House
• Entered With Intent To Steal
• Exceeded Scope Of Permission
• Became Trespasser
• Burglary Established
Trespasser
Section 9 Theft Act 1968 — Trespass Requirement
Rule
• Defendant Must Enter As Trespasser
Key Importance
• No Permission
OR
• Exceeding Permission
• Defendant Must Know/Reckless About Trespass
Main Cases For Trespass
| Case | Principle |
|---|---|
| Collins | Honest Belief Prevented Trespass |
| Jones And Smith | Exceeding Permission Created Trespass |
| Barker | Recklessness About Trespass Sufficient |
Collins Chain
• Defendant Believed Invitation Existed
• Honest Belief Prevented Trespass
• Burglary Failed
Barker Chain
• Defendant Reckless About Permission
• Trespass Mens Rea Established
• Burglary Possible
Theft Within Burglary
Section 1 Theft Act 1968 — Theft
Rule
• Dishonest Appropriation
• Property
• Belonging To Another
• With IPD
Key Importance
• Theft Often Forms Intended/Actual Offence In Burglary
Main Cases For Theft In Burglary
| Case | Principle |
|---|---|
| Gomez | Consent Does Not Prevent Appropriation |
| Morris | Any One Owner Right Sufficient |
Gomez Chain
• Property Obtained Through Consent
• Fraudulent Conduct Present
• Consent Did Not Prevent Appropriation
• Theft Possible
Morris Chain
• Defendant Assumed Owner Rights
• One Right Sufficient
• Appropriation 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.
GBH Within Burglary
Offences Against The Person Act 1861 — GBH
Rule
• Really Serious Harm
Key Importance
• GBH May Form Intended/Actual Offence Under Burglary
Main Cases For GBH
| Case | Principle |
|---|---|
| DPP v Smith | GBH = Really Serious Harm |
| Saunders | Serious Harm Required |
Criminal Damage Within Burglary
Criminal Damage Act 1971
Rule
• Destroying/Damaging Property Belonging To Another
Key Importance
• Criminal Damage May Form Intended Offence Under s9(1)(a)
Main Cases For Criminal Damage
| Case | Principle |
|---|---|
| Roe v Kingerlee | Temporary Damage Sufficient |
| Hardman | Cleaning Costs May Constitute Damage |
Section 10 Theft Act 1968 — Aggravated Burglary
Rule
• Burglary Committed While Possessing
• Firearm
• Imitation Firearm
• Weapon Of Offence
OR
• Explosive
Key Importance
• Weapon Need Not Be Used
• Mere Possession Sufficient
• Much More Serious Offence
Main Cases For Aggravated Burglary
| Case | Principle |
|---|---|
| Stones v Haskins | Possession Alone Sufficient |
| Kelly | Everyday Object May Become Weapon |
Stones v Haskins Chain
• Defendant Possessed Weapon During Burglary
• Weapon Not Actually Used
• Mere Possession Sufficient
• Aggravated Burglary Established
Kelly Chain
• Ordinary Object Intended For Injury
• Object Became Weapon Of Offence
• Aggravated Burglary Possible
Inhabited Vehicle/Vessel
Section 9 Theft Act 1968
Rule
• Inhabited Vehicles/Vessels Count As Buildings
Key Importance
• Caravans/Boats Protected When Used As Residences
Main Principle
• Residential Structures Receive Burglary Protection
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 Statutes To Memorise
| Section | Topic |
|---|---|
| s9(1)(a) Theft Act 1968 | Entry + Intent Burglary |
| s9(1)(b) Theft Act 1968 | Entry + Actual Offence Burglary |
| s10 Theft Act 1968 | Aggravated Burglary |
| s1 Theft Act 1968 | Theft |
| Criminal Damage Act 1971 | Criminal Damage |
Most Important Burglary Cases To Memorise
| Area | Case |
|---|---|
| Partial Entry | Brown |
| Effective Entry | Ryan |
| Jury Decides Entry | Collins |
| Conditional Intent | AG Ref Nos 1 And 2 Of 1979 |
| Mere Possibility | Easom |
| Building | B And S v Leathley |
| Not Building | Seekings And Gould |
| Part Of Building | Walkington |
| Exceeding Permission | Jones And Smith |
| Honest Belief | Collins |
| Recklessness About Trespass | Barker |
| Aggravated Burglary | Stones v Haskins |
| Weapon Of Offence | Kelly |
Most Important Universal Chains
Burglary Universal Chain
• Entry Occurs
• Building/Part Of Building Entered
• Defendant Trespasses
• Relevant Intent/Offence Proven
• Burglary Established
Trespass Universal Chain
• Defendant Lacks Permission
OR
• Exceeds Permission
• Knowledge/Recklessness Proven
• Trespass Established
Entry Universal Chain
• Physical Penetration Occurs
• Partial Entry May Suffice
• Effective Entry Established
Aggravated Burglary Universal Chain
• Burglary Occurs
• Defendant Possesses Weapon/Firearm/Explosive
• Possession During Burglary Proven
• 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.