Buildings, dwellings and trespass in burglary

Overview

What counts as a building, from the freezer container in B and S v Leathley to the lorry trailers in Norfolk Constabulary v Seekings, what part of a building means after Walkington, and how permission is exceeded.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   How does the Theft Act 1968 define a building for burglary?

   Model answer

   Section 9(4) provides that a building includes an inhabited vehicle or vessel. The occupier need not be present at the time of the burglary.

2. 2

   What features make a structure a building?

   Model answer

   A building is a structure of some permanence with walls and a roof. Portability and the intended duration of the structure are both relevant.

3. 3

   Which case held that a freezer container was a building?

   Model answer

   B and S v Leathley (1979) held that a freezer container resting on sleepers with an electricity supply was a building. The container had been in place for years and had a lockable door.

4. 4

   Which case held that lorry trailers were not buildings?

   Model answer

   Norfolk Constabulary v Seekings and Gould (1986) held that lorry trailers used for storage were not buildings. The trailers retained their wheels and could be driven away.

5. 5

   What is meant by part of a building?

   Model answer

   A defendant may be a trespasser in one part of a building while lawfully in another. Entering a prohibited part with the necessary intent is burglary.

6. 6

   Which case concerned entry into part of a shop?

   Model answer

   R v Walkington [1979] upheld a conviction where the defendant went behind a shop counter to look in the till. The counter area was a part of the building he had no permission to enter.

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