Burglary by theft or grievous bodily harm under section 9(1)(b)

Overview

The form of burglary completed after entry rather than on it: the defendant must go on to steal or inflict grievous bodily harm, or attempt either, with no need for any intention at the moment of entry.

What you need to know

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Questions from this subtopic

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1. 1

   What must be proved for burglary under section 9(1)(b)?

   Model answer

   The defendant must have entered a building or part of a building as a trespasser. The defendant must then steal or attempt to steal, or inflict or attempt to inflict grievous bodily harm.

2. 2

   What mens rea does section 9(1)(b) require at the moment of entry?

   Model answer

   Section 9(1)(b) requires no ulterior intent at the moment of entry. The defendant need only know or be reckless as to being a trespasser.

3. 3

   Which offences can complete a burglary under section 9(1)(b)?

   Model answer

   Theft and attempted theft complete the offence under section 9(1)(b). Grievous bodily harm and an attempt to inflict it also complete the offence.

4. 4

   Is criminal damage within section 9(1)(b)?

   Model answer

   Criminal damage is not one of the offences listed in section 9(1)(b). Damage caused after entry may be charged separately under the Criminal Damage Act 1971.

5. 5

   Compare the two forms of burglary.

   Model answer

   Section 9(1)(a) punishes entry with a specified intention, whether or not anything follows. Section 9(1)(b) punishes what the defendant does after entering as a trespasser.

6. 6

   Can a defendant be guilty under both forms of section 9?

   Model answer

   A defendant who enters intending to steal and then steals commits both forms of the offence. The prosecution normally charges the form that is easier to prove.

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