Introduction to Burglary

Welcome! In this chapter, we are looking at Burglary and Aggravated Burglary. You might have seen movies where a thief in a mask breaks a window to get into a house—that is the classic image of burglary. However, the legal definition under the Theft Act 1968 is much broader. You don't actually have to "break" anything to be a burglar!

Burglary is a "triable either way" offence, meaning it can be heard in either the Magistrates' Court or the Crown Court (remember your Topic 1.2 knowledge here!). Let’s break down the law so you can master this for Paper 2.

1. The Two Types of Burglary: Section 9(1)(a) and Section 9(1)(b)

The Theft Act 1968 creates two ways a person can commit burglary. It is very important to keep these separate because they have different requirements for what the person intends and what they actually do.

A. Section 9(1)(a): Intent at the point of entry

Under \(s9(1)(a)\), a person is guilty if they enter a building as a trespasser with the intent to:

  • Steal something (Theft);
  • Inflict grievous bodily harm (GBH) on someone inside; or
  • Do unlawful damage to the building or anything inside (Criminal Damage).

Key Point: For \(s9(1)(a)\), the person doesn't actually have to steal anything or hurt anyone. The crime is complete the moment they step inside with that bad intention.

B. Section 9(1)(b): Committing the act once inside

Under \(s9(1)(b)\), a person is guilty if, having entered a building as a trespasser, they actually:

  • Steal or attempt to steal something; or
  • Inflict or attempt to inflict GBH on someone inside.

Key Point: For \(s9(1)(b)\), it doesn't matter what they were thinking when they walked in. The crime happens because of what they actually did (the theft or the GBH) once they were inside.

Common Mistake to Avoid: Notice that Criminal Damage is part of \(s9(1)(a)\) but NOT \(s9(1)(b)\). If someone enters as a trespasser and then decides to smash a vase, they can only be charged with burglary under \(s9(1)(a)\) if the prosecution can prove they intended to smash it before they entered.

2. The Actus Reus of Burglary

To prove burglary, the prosecution must show three physical elements (Actus Reus):

i. Entry

How much of the person must be inside? Historically, the courts have decided that "entry" just needs to be "effective." Even if only a hand or a foot goes through a window, or if the person uses a tool (like a pole with a hook) to reach inside, that can count as entry.

ii. Building or Part of a Building (s9(4))

Burglary must happen in a "building." This includes houses, offices, and factories, but also outbuildings like sheds or garages. Under \(s9(4)\), inhabited vehicles or vessels (like a lived-in caravan or a houseboat) are also treated as buildings.

"Part of a building" is also important. If you have permission to be in a shop, but you go behind the counter into the staff-only area to steal from the till, you have entered a part of a building as a trespasser.

iii. As a Trespasser

A trespasser is someone who does not have permission to be there. You can become a trespasser in two ways:

  • No permission at all: Sneaking into a house at night.
  • Exceeding permission: Entering a place for a specific purpose (like shopping) but then doing something else (like stealing). If you enter with the intent to steal, you are "trespassing" even if the door was open to the public.

3. The Mens Rea of Burglary

The "guilty mind" for burglary has two layers:

  1. Knowledge/Recklessness as to trespassing: The defendant must know they don't have permission to be there, or be reckless (take an unjustified risk) about whether they have permission.
  2. The "Ulterior" Intent:
    • For \(s9(1)(a)\): The intent to commit theft, GBH, or criminal damage at the moment of entry.
    • For \(s9(1)(b)\): The Mens Rea of the specific crime they committed (e.g., the dishonesty and intent to permanently deprive for theft).

4. Aggravated Burglary (s10 Theft Act 1968)

Burglary becomes "Aggravated" (more serious) under Section 10 if the burglar carries a weapon. This is designed to protect people from the fear and danger of armed intruders.

A person is guilty of aggravated burglary if they commit a burglary and, at the time, have with them any of the following (The "WIFE" mnemonic):

  • Weapon of offence: Anything made or adapted for causing injury, or intended by the person to be used for injury (e.g., a knife, a baseball bat, or even a screwdriver if they intend to use it as a weapon).
  • Imitation firearm: Something that looks like a real gun, even if it doesn't work.
  • Firearm: A real gun (including air guns).
  • Explosive: Any explosive substance.

Crucial Timing Rule: For \(s9(1)(a)\), the burglar must have the weapon at the time of entry. For \(s9(1)(b)\), the burglar must have the weapon at the time they actually commit/attempt the theft or GBH.

5. Sentencing (s9(3))

Sentencing depends on the type of building and the seriousness of the offence:

  • Burglary of a dwelling (a home): Max 14 years' imprisonment.
  • Burglary of a non-dwelling (e.g., a shop): Max 10 years' imprisonment.
  • Aggravated Burglary: Max life imprisonment (reflecting how dangerous it is to carry a weapon).

Quick Review Box

Section 9(1)(a) = Entered with intent to Steal/GBH/Damage. (They don't have to succeed!)

Section 9(1)(b) = Once inside, actually Stole/GBH or tried to. (Damage is NOT included here!)

Section 10 = Burglary + Weapon/Firearm/Explosive.

Study Tip: When reading a scenario in Paper 2, always ask: "What was in their head when they crossed the threshold?" If they already planned to steal, go for \(s9(1)(a)\). If they only decided to steal once they saw something shiny inside, go for \(s9(1)(b)\).