9084 · 2.2.3
Burglary as defined in s9 Theft Act 1968
9084 Criminal — s9(1)(a) and (b): entry as trespasser with intent or having entered. This lesson covers the core elements of burglary, the distinction between the two types, and the key case law defining entry, trespass, and mens rea, as well as aggravated burglary under s10.
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
- 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.