ABSTRACT
Burglary replaced the old offence of breaking and entering. Section 9 of the Theft Act 1968 creates two separate offences of burglary. In many, if not most, cases D will commit both offences – but they are separate. Theft Act 1968
9 (1) A person is guilty of burglary if –
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) 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.
(2) The offences referred to in subsection (1) (a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm and of doing unlawful damage to the building or anything therein.
(4) References in subsections (1) and (2) above to a building … shall also apply to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.
