Sample Notes: Burglary As Defined In S9 Theft Act 1968

AS Level Law – Notes on Burglary (Section 9 and 10, Theft Act 1968)

Topic: 2.2.3 – Burglary

Definition of Burglary – Theft Act 1968

Burglary is defined under Section 9 of the Theft Act 1968, which includes two distinct offences under s9(1)(a) and s9(1)(b).

Section 9(1)(a): Entry with Intent

• A person is guilty of burglary if they enter any building or part of a building as a trespasser with intent to:
  1. Steal anything in the building or part of the building;
  2. Inflict grievous bodily harm (GBH) on any person therein;
  3. Do unlawful damage to the building or anything therein.

Actus Reus of s9(1)(a):

• Entry:
  • Must be “effective” and “substantial” (R v Brown – partial entry may suffice).
• Building or part of a building:
  • Must be permanent or semi-permanent structure (s9(4) applies here).
• Trespasser:
  • Entry must be without permission or legal right (R v Collins – consent and knowledge important).

Mens Rea of s9(1)(a):

• Intention to trespass;
• Intent to commit one of the ulterior offences (theft, GBH, or criminal damage) at the time of entry.

Section 9(1)(b): Burglary after Entry

• A person is guilty of burglary if, having entered a building or part of a building as a trespasser, they:
  1. Steal or attempt to steal anything in the building; or
  2. Inflict or attempt to inflict grievous bodily harm (GBH) on any person therein.

Actus Reus of s9(1)(b):

• Entry into a building or part of building as a trespasser;
• Commission or attempted commission of theft or GBH after entry.

Mens Rea of s9(1)(b):

• Knowledge or recklessness as to trespass;
• Mens rea for theft or GBH at the time of committing/attempting the act.

Section 9(4): Definition of Building

• Includes inhabited vehicles or vessels, such as:
  • Caravans
  • Houseboats
  • Lorries (if used as living accommodation)

Key Case:

• R v Walkington – entering a restricted area (e.g. a till area in a shop) can constitute entering part of a building.

Section 9(3): Sentencing for Burglary

• Maximum sentence for burglary of a dwelling: 14 years
• Maximum for burglary of non-dwellings: 10 years
• Youth sentencing: Detention and training order up to 2 years depending on severity and age.

Aggravated Burglary – Section 10 Theft Act 1968

A person commits aggravated burglary if, at the time of committing a burglary, they:

• Have with them a weapon of offence, explosive, or imitation firearm.

Actus Reus:

• All elements of burglary (either s9(1)(a) or s9(1)(b));
• Possession of weapon, firearm, explosive or imitation firearm at the time of the burglary.

Mens Rea:

• Intent to trespass and intent for burglary;
• Knowledge of possession of the weapon or item.

Key Points:

• Weapon must be carried during burglary, not found inside (R v O’Leary).
• Weapon of offence: an item made or adapted to cause injury, or intended by the defendant to do so.

Important Case Law Summary

Summary of Differences Between s9(1)(a) and s9(1)(b)