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9084 · 2.2.3

Burglary as defined in s9 Theft Act 1968

**Burglary s9** (2.2.3) — distinguish **(a) vs (b)** and when **mens rea** must exist. For (a), intent must exist **at entry**; for (b), the ulterior offence follows entry as trespasser.

Need to know

What you need to know

  • The meaning of 'entry' is defined by common law, not statute.
  • The modern test from R v Ryan (1996) is that entry of any part of the body is sufficient.
  • The previous 'effective and substantial' test from R v Collins (1973) is no longer the leading authority.
  • A trespasser is someone who enters without the express or implied permission of the person in control of the property.

Explanation

Burglary as defined in s9 Theft Act 1968

  1. The meaning of 'entry' is defined by common law, not statute.
  2. The modern test from R v Ryan (1996) is that entry of any part of the body is sufficient.
  3. The previous 'effective and substantial' test from R v Collins (1973) is no longer the leading authority.
  4. A trespasser is someone who enters without the express or implied permission of the person in control of the property.
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