Burglary Landmark Prosecutions
๐ Understanding Burglary
Under Section 9 of the Theft Act 1968, burglary is defined in two main ways:
Entry into a building or part of a building as a trespasser with intent to:
Steal anything in the building,
Inflict grievous bodily harm (GBH) on any person therein,
Or do unlawful damage to the building or anything therein.
Having entered as a trespasser, actually stealing or attempting to steal, or inflicting or attempting to inflict GBH.
Key elements of burglary:
Entry (actual or constructive)
Building or part of building (includes inhabited vehicles or vessels)
Trespass (without permission or lawful authority)
Intent (to steal, inflict GBH, or damage) at the time of entry or commission after entry
โ๏ธ Landmark Burglary Cases and Their Legal Significance
โ R v. Collins (1973) 56 Cr App R 255 โ What Constitutes "Entry"?
Facts:
Defendant climbed a ladder to a womanโs bedroom window and was seen by her.
He was partly inside when she assumed it was her boyfriend and invited him in.
Charged with burglary (entry as trespasser).
Judgment:
Court held that for burglary, the defendant must have entered as a trespasser.
Here, entry was consensual (invited in), so not trespass.
Conviction quashed.
Legal Principle:
Defined "entry" as effective and substantial, but also emphasized trespass at time of entry.
Entry can be constructive but must be without permission.
โ R v. Brown (1985) 81 Cr App R 172 โ Constructive Entry
Facts:
Defendant inserted his arm through a broken window to steal items.
Judgment:
Court held that entry does not require whole body to enter.
Entry is "effective" entry, even if partial (e.g., hand, arm).
Legal Principle:
Expanded concept of entry to partial or constructive entry.
โ R v. Ryan (1996) 2 Cr App R 91 โ What Counts as Entry?
Facts:
Defendantโs head and arm were stuck in a window while trying to enter.
Judgment:
Court held even partial entry counts as entry if it is effective.
Stuck head and arm meant entry was complete for burglary.
Legal Principle:
Effective entry includes any part of body or tool that is in the building.
โ R v. Walkington (1979) 1 WLR 1169 โ Part of Building
Facts:
Defendant entered a department store during business hours.
Went behind a counter (closed off area) and took money.
Judgment:
Court held the area behind the counter was a part of the building he was not permitted to enter.
Thus, he was a trespasser when entering that part.
Legal Principle:
Trespassing can be limited to a part of the building.
Entry to part where permission is not given can constitute burglary.
โ R v. Jones and Smith (1976) 63 Cr App R 74 โ Trespass Where Permission Exceeded
Facts:
Defendant had permission to enter his fatherโs home but entered with intent to steal.
Judgment:
Court held that entering with criminal intent when permission is only for lawful purpose can be trespass.
Conviction upheld.
Legal Principle:
Permission can be limited; exceeding scope of permission makes entry trespass.
โ R v. Collins (1957) 1 QB 133 โ Intent at Time of Entry
Facts:
Defendant entered a house at night and was charged with burglary.
Judgment:
Confirmed that the intent to steal, inflict GBH, or damage must exist at the time of entry.
Later forming intent is insufficient.
Legal Principle:
Intent must be present when trespassing.
โ R v. Laing (1995) 3 All ER 849 โ Burglary with Intent to Inflict GBH
Facts:
Defendant entered a property intending to assault the occupant seriously.
Judgment:
Conviction for burglary upheld.
The intent to inflict grievous bodily harm is an alternative to intent to steal.
Legal Principle:
Burglary includes intent to cause serious harm, not just theft.
๐ Summary Table
| Case | Year | Legal Issue | Outcome | Legal Principle |
|---|---|---|---|---|
| R v. Collins (1973) | 1973 | Entry as trespasser | Conviction quashed | Must enter as trespasser |
| R v. Brown | 1985 | Constructive entry | Conviction upheld | Partial entry counts |
| R v. Ryan | 1996 | Effective entry | Conviction upheld | Partial entry valid |
| R v. Walkington | 1979 | Part of building | Conviction upheld | Trespass to part suffices |
| R v. Jones and Smith | 1976 | Permission exceeded | Conviction upheld | Exceeding permission = trespass |
| R v. Collins (1957) | 1957 | Intent at entry | Conviction upheld | Intent must exist at entry |
| R v. Laing | 1995 | Intent to inflict GBH | Conviction upheld | GBH intent counts |
๐ Conclusion
Burglary law has evolved through case law to clarify critical elements like what counts as entry, the nature of trespass, and the required intent at the time of entry. Courts have shown flexibility by accepting partial or constructive entry and recognizing that permission to enter can be limited.
Understanding these cases is vital for appreciating how burglary prosecutions are structured and how defendantsโ actions are interpreted by courts.
RELATED Blog
0 comments