Summary Cases on burglary- Criminal law

Burglary

S9 theft act 1968:
(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 (2) 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
GBH.
(2)The offences referred in (1a) are offences of stealing anything in the
building or part of a building in question, or inflicting on any person
therein any GBH, and of doing unlawful damage to the building or
anything therein.

2 burglary offences.
Both offences require proof that the d entered any building or part of
building as a trespasser.
MR for offences are different.
Whiting [1987]

Differences:
S9(1a) is concerned with actions of d BEFORE he enters building.
S9(1b) concerned with actions of d AFTER his entry to building.

S9(1a):
Actus reus-
 Entry.
 Of any building or part of building.
 As a trespasser.
Mens rea-
 Intention or recklessness to enter as a trespasser.
 Intention to commit theft, to inflict GBH or to commit unlawful
criminal damage.

S9(1b):
Actus reus-
 Having entered.
 Any building or part of building.
 As a trespasser.
 Commits or attempts to commit theft or GBH.
Mens rea-
 Intention or recklessness as to entry as a trespasser.
 Mens rea required for theft or GBH.

Similarities with AR:
 Entry
 Into a building or part of building
 As a trespasser