Theft Act 1968 (TA)
- S9(1)(a) TA:
.. enters any building or part of a building as a trespasser and with intent to commit [theft, GBH, criminal damage]...
- S9(1)(b) TA:
.. having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm...
- jury Q / must be effective (Brown) / irrelevant if incapable of committing crime (Ryan)
- permission: true permission required (Boyce)
- insufficient consent: lawful purpose unlawful intent (Collins )/ exceed authority (Jones & Smith)
Building or part of:
- S9(3) TA: permanence / fixed or substantial
- S9(4) TA: vehicle or vessel / only if inhabited
- partitioned area of shop (Walkington )
- theft or GBH (or attempted) / once entered
- theft AR: appropriates / property / belonging to another (S1 TA)
- GBH AR: inflict GBH (S18 Offences Against the Person Act 1861)
bits of law