held not to be a building (Norfolk Constabulary v Seekings [1986] Crim LR 167); but a freezer which was 25 feet long, weighed three tons, was connected to the electricity supply and had been in place for at least two years, was held to be a building (B v Leathley [1979] Crim LR 314). The test is that laid down by Byles J in Stevens v Gourley (1859) CBNS 99 at 112, that the structure must be ‘of considerable size and intended to be permanent or at least to endure for a considerable period’. That entry into part of a building may amount to burglary means that a person may become a burglar (if the other elements of the offence are satisfied) by going from a part in which he is lawful visitor to a part in which he is not: see R v Walkington (extracted below). R v Walkington [1979] 1 WLR 1169 (CA)

ABSTRACT

In due course he was observed to travel up on the escalator to the first floor. On that floor was an unattended till in the centre of a three-sided counter, the drawer of the till being partially opened. There was some dispute as to the precise dimensions of this three-sided counter, but what was agreed was that it was a movable counter. It was not static in the sense of being fixed to the floor. One of the descriptions of it showed that what we may call the north side of the counter was about 4 feet in length, the east side was about 12 feet in length and the west side was about 6 feet in length, the till being situated on the north side, the 4 foot length. Other descriptions of the counter gave different dimensions. But in each case it is to be observed that the till was in a corner formed by two of these counters. The evidence was that the area inside that rectangle or partial rectangle was reserved for the staff and it was clear, so it was suggested, that any customer seeing that area would realise that his permission to be in the store did not extend to a permission to be in that area.