Sample Case Sheet: Burglary As Defined In S9 Theft Act 1968

AS Level Law – Burglary and Aggravated Burglary Case Sheet & Statute Sheet
Topic: 2.2.3 – Theft Act 1968 (Sections 9 and 10)

🟩 Statute Sheet: Theft Act 1968 – Sections 9 and 10

Section 9: Burglary

s9(1)(a)

• A person is guilty if he enters any building or part of a building as a trespasser with intent to commit:
  • Theft
  • Grievous bodily harm (GBH)
  • Unlawful damage to property

Key: The intent must be formed before or at the time of entry

s9(1)(b)

• A person is guilty if, having entered as a trespasser, they:
  • Steal or attempt to steal
  • Inflict or attempt to inflict grievous bodily harm

Key: Entry must be trespassory but intent can be formed after entry

s9(2)

• The offence can be committed in a dwelling or any building, including outbuildings and sheds.

s9(3): Penalty

• Maximum sentence: 14 years imprisonment for burglary in a dwelling; otherwise, 10 years

s9(4): Definition of Building

• Includes:
  • Inhabited vehicles and vessels
  • Any structure with a degree of permanence
  • Not tents (as per Stevens v Gourley)

Section 10: Aggravated Burglary

s10(1)

• A person commits aggravated burglary if they commit any burglary under s9(1)(a) or s9(1)(b) and at the time:
  • Have with them a weapon of offence, firearm, imitation firearm, or explosive

Key: Must possess the weapon at the time of the burglary

s10(2): Weapon of Offence

• Defined as an object made, adapted, or intended to cause injury

s10(3): Maximum Sentence

• Life imprisonment

🟩 Case Law Sheet: Key Cases for Burglary and Aggravated Burglary

🔹 Entry

• R v Brown (1985): Entry must be effective even if partial (leaning through a window while feet on ground).
• R v Ryan (1996): Even if entry is not effective (e.g., stuck halfway through), it still counts.

🔹 Trespass

• R v Collins (1973): Entry must be trespassory, and defendant must know or be reckless as to trespassing.
• R v Jones and Smith (1976): Entering a parent’s home with permission can still be trespass if done for unlawful purpose.

🔹 Building

• Stevens v Gourley (1859): A building must have a degree of permanence.
• B and S v Leathley (1979): A freezer container used as storage counted as a building.
• Norfolk Constabulary v Seekings and Gould (1986): A lorry trailer used as storage was not a building.

🔹 s9(1)(a) vs s9(1)(b) Distinction

• R v Walkington (1979): Defendant entered a shop’s counter area = part of a building ⇒ s9(1)(a).
• Attorney General’s Reference (No 1 & 2 of 1979): Conditional intent (to steal if anything valuable is found) sufficient for burglary under s9(1)(a).

🔹 Aggravated Burglary

• R v Stones (1989): Possession of weapon “for protection” still counts ⇒ aggravated burglary.
• R v Kelly (1993): Weapon must be with D at time of offence; intent to use not required.
• R v O’Leary (1986): D entered without weapon, picked one up inside = not aggravated burglary unless he had it at time of entry.

🟩 Summary Comparison Table