Main Terms and Definitions Burglary
Burglary — Main Terms And Definitions
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.
Burglary
Definition
Under s9 Theft Act 1968:
A Person Commits Burglary Where They:
• Enter A Building Or Part Of Building
• As A Trespasser
• With Intent To Commit Theft, GBH Or Criminal Damage
OR
• Having Entered As Trespasser
• Actually Commit Or Attempt Theft Or GBH
Key Points
• Burglary Has Two Types
• Entry Need Not Be Complete
• Trespass Includes Exceeding Permission
• Theft/GBH Important Under s9
Main Cases
| Case | Principle |
|---|---|
| Brown | Partial Entry Sufficient |
| Jones And Smith | Exceeding Permission Creates Trespass |
| Walkington | Restricted Area = Part Of Building |
s9(1)(a) Burglary
Definition
• Entry As Trespasser
• With Intent To Commit Theft, GBH Or Criminal Damage
Key Points
• Actual Theft/GBH Need Not Occur
• Intent Must Exist At Time Of Entry
• Conditional Intent May Suffice
Main Cases
| Case | Principle |
|---|---|
| AG Ref Nos 1 And 2 Of 1979 | Conditional Intent Sufficient |
| Easom | Mere Possibility Insufficient |
s9(1)(b) Burglary
Definition
• Entry As Trespasser
• Defendant Actually Commits Or Attempts Theft Or GBH
Key Points
• Intent At Entry Not Necessary
• Actual Commission/Attempt Required
Main Cases
| Case | Principle |
|---|---|
| Jenkins | Theft/GBH Must Actually Occur |
Entry
Definition
• Physical Entry Into Building/Part Of Building
Key Points
• Full Body Entry Not Required
• Partial Entry May Suffice
• Jury Determines Sufficiency Of Entry
Main Cases
| Case | Principle |
|---|---|
| Brown | Partial Entry Sufficient |
| Ryan | Effective Entry Sufficient |
| Collins | Jury Decides Sufficiency |
Effective Entry
Definition
• Entry Sufficient To Facilitate Crime
Key Points
• Defendant Need Not Fully Enter
• Physical Penetration Enough
Main Cases
| Case | Principle |
|---|---|
| Ryan | Stuck Defendant Still Entered |
| Brown | Partial Body Entry Enough |
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.
Building
Definition
Under s9 Theft Act 1968:
• Structure Capable Of Constituting Building
Key Points
• Permanent Structures Usually Included
• Temporary Structures May Sometimes Qualify
• Inhabited Vehicles/Vessels Included
Main Cases
| Case | Principle |
|---|---|
| B And S v Leathley | Container Was Building |
| Norfolk Constabulary v Seekings And Gould | Container Not Sufficiently Permanent |
| Stevens v Gourley | Temporary Structures May Qualify |
Part Of Building
Definition
• Restricted/Internal Area Within Building
Key Points
• Defendant May Have Permission For One Area But Not Another
• Internal Boundaries Important
Main Cases
| Case | Principle |
|---|---|
| Walkington | Counter Area = Part Of Building |
| Jones And Smith | Exceeding Permission Created Trespass |
Trespasser
Definition
• Person Entering Without Permission
OR
• Exceeding Scope Of Permission
Key Points
• Defendant Must Know/Reckless About Trespass
• Permission May Be Limited
• Honest Belief In Consent Prevents Trespass
Main Cases
| Case | Principle |
|---|---|
| Collins | Honest Belief Prevented Trespass |
| Jones And Smith | Exceeding Permission Created Trespass |
| Barker | Knowledge/Recklessness Required |
Exceeding Permission
Definition
• Going Beyond Scope Of Authorised Entry
Key Points
• Lawful Entry May Become Trespass
• Criminal Purpose Important
Main Cases
| Case | Principle |
|---|---|
| Jones And Smith | Son Became Trespasser |
| Walkington | Entering Restricted Area Created Trespass |
Conditional Intent
Definition
• Intent Depending On Future Circumstances
Key Points
• Intent To Steal If Valuable Property Found May Suffice
• Mere Possibility Without Decision Insufficient
Main Cases
| Case | Principle |
|---|---|
| AG Ref Nos 1 And 2 Of 1979 | Conditional Intent Sufficient |
| Easom | Mere Inspection Insufficient |
Theft
Definition
Under s1 Theft Act 1968:
• Dishonest Appropriation Of Property
• Belonging To Another
• With Intention To Permanently Deprive
Key Points
• Theft Often Forms Basis Of Burglary
• Actual Theft Required Under s9(1)(b)
Main Cases
| Case | Principle |
|---|---|
| Gomez | Consent Does Not Prevent Appropriation |
| Morris | Any Owner Right Sufficient |
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.
Grievous Bodily Harm (GBH)
Definition
• Really Serious Harm
Key Points
• GBH May Form Intended/Actual Offence In Burglary
• Serious Injury Required
Main Cases
| Case | Principle |
|---|---|
| DPP v Smith | GBH = Really Serious Harm |
| Saunders | Serious Harm Required |
Criminal Damage
Definition
Under Criminal Damage Act 1971:
• Destroying/Damaging Property Belonging To Another
Key Points
• Criminal Damage May Form Intended Offence Under s9(1)(a)
Main Cases
| Case | Principle |
|---|---|
| Roe v Kingerlee | Temporary Damage Sufficient |
| Hardman | Cleaning Costs May Constitute Damage |
Aggravated Burglary
Definition
Under s10 Theft Act 1968:
• Burglary Committed While Possessing
• Weapon Of Offence
• Firearm
OR
• Explosive
Key Points
• Weapon Need Not Be Used
• Mere Possession Sufficient
• Ordinary Objects May Become Weapons
Main Cases
| Case | Principle |
|---|---|
| Stones v Haskins | Possession Alone Sufficient |
| Kelly | Everyday Objects May Become Weapons |
Weapon Of Offence
Definition
• Item Intended To Cause Injury
Key Points
• Intent Important
• Everyday Objects May Qualify
Main Cases
| Case | Principle |
|---|---|
| Kelly | Knife Became Weapon |
| Stones v Haskins | Weapon Need Not Be Used |
Inhabited Vehicle/Vessel
Definition
• Caravan, Boat Or Vehicle Used As Residence
Key Points
• Count As Buildings Under Theft Act
• Residential Use Important
Main Principle
• Occupied Structures Receive Burglary Protection
Mens Rea Of Burglary
Definition
Burglary Requires:
• Knowledge/Recklessness Regarding Trespass
AND
• Intent To Commit Relevant Offence
Key Points
• Intent Must Exist At Entry Under s9(1)(a)
• Recklessness About Trespass Sufficient
Main Cases
| Case | Principle |
|---|---|
| Barker | Recklessness About Trespass |
| AG Ref Nos 1 And 2 Of 1979 | Conditional Intent Sufficient |
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 Terms To Memorise
| Term | Core Meaning |
|---|---|
| Burglary | Trespass Entry + Criminal Intent |
| s9(1)(a) | Entry + Intent |
| s9(1)(b) | Entry + Actual Theft/GBH |
| Entry | Physical Penetration |
| Effective Entry | Entry Facilitating Crime |
| Building | Protected Structure |
| Part Of Building | Restricted Internal Area |
| Trespasser | No Permission/Exceeded Permission |
| Conditional Intent | Intent Depending On Circumstances |
| Aggravated Burglary | Burglary With Weapon |
| Weapon Of Offence | Item Intended For Injury |
Most Important Burglary Definitions For Exams
| Term | Definition |
|---|---|
| Burglary | Trespass Entry + Intent/Offence |
| Entry | Physical Entry Into Building |
| Trespasser | Entering Without/Exceeding Permission |
| Building | Structure Protected By Theft Act |
| Part Of Building | Restricted Area Within Building |
| Conditional Intent | Intent Depending On Situation |
| Aggravated Burglary | Burglary While Possessing Weapon |
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.