Burglary is a daily reality of criminal practice, and clients are charged with it more often than almost any other property offence. It is about the violation of protected spaces — homes, shops, workplaces — which is why the law ties it to unlawful entry as a trespasser combined with a further criminal purpose. To advise a client or build a defence, you need to see exactly which elements the prosecution must prove, and where their case can fall down.
The offence is deceptively layered: it takes two forms that turn on timing, and terms like 'entry', 'building' and 'trespasser' all carry meanings settled by the courts. This lesson breaks it into manageable pieces.
What this lesson covers:
- The Offence and Its Two Forms — what burglary is and how its two forms relate to trespassory entry.
- Section 9(1)(a): Entry with Intent — the elements, the crucial timing of intent, and the offences that support a charge.
- Section 9(1)(b): Offence After Entry — what must actually happen after entry for liability to arise.
- Entry, Building and Part of a Building — how the courts define entry, what counts as a building, and being a trespasser in part of one.
- Trespass and Mens Rea — when entry is trespassory and the knowledge or recklessness required.
- Classification and Sentencing — how dwelling and non-dwelling burglary are treated, including minimum sentences.