bits of law

Main Section

Criminal | Offences Against Property

Burglary: Actus Reus

Flash Card | Degree

Download Adobe PDF Icon

Burglary: Actus Reus

[Flash Card 1 of 1]

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 )

S9(1)(b) TA

  • 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
This site is best viewed with style sheets (CSS) enabled and an up-to-date browser.