The issue arose in R v Brown (1985) 71 Cr App R 15 in which the defendant had been found on the pavement outside a shop with the top half of his body through the broken window, sorting through property on display for sale; this was held by the Court of Appeal to constitute an effective entry, while regarding the use of the word "substantial" as unnecessarily wide.
Furthermore, in R v Ryan (1996) 160 JP 610, the defendant had been found partially within a building, having been trapped by a window, and argued that this was not a sufficient entry.
However, he was convicted as it was held that a partial entry was sufficient and that it was irrelevant that he was due to circumstances incapable of stealing anything.
The Theft Act 1968 does not define a building, so this must be a matter of fact for the jury, however, Section 9(4) specifically states that the term includes an "inhabited vehicle or vessel"; hence motor homes, caravans and houseboats are protected by the section even when temporarily unoccupied.
[12] Burglary can also be committed in "part of a building" and in R v Walkington 1979 1 WLR 1169 the defendant had entered a large shop during trading hours but went behind a counter and put his hand in an empty till.
The court held that he had entered that part of the building normally reserved for staff as a trespasser with intention to steal money and was therefore guilty of burglary.
The intention to commit an offence (theft, grievous bodily harm or, for s9(1)(a), criminal damage), being an essential element of burglary, requires proof beyond reasonable doubt.
Authorities Higher courts have consistently upheld lengthy custodial sentences for burglaries of dwellings; see, for example R v Brewster 1998 1 Cr App R (S) 181[23] Under section 10, aggravated burglary is committed when a burglar enters and "at the time has with him a firearm,[24] imitation firearm,[25] weapon of offence,[26] or any explosive[27]".
In R v Kelt [1977] 65 Cr App R 74 it was held that this phrase will normally mean "carrying", and in R v Klass 162 JP 105,[28] The Times, 17 December 1997 (CA) others had entered a building for criminal purposes while the defendant remained outside, but in possession of a scaffolding pole which had been used to break a window.
Section 27 created an offence described by its marginal note as "housebreaking with intent to commit felony" (and see the words in parentheses above).