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    Guys I'm struggling to distinguish the differences between S9.1.A Theft Act 1968 burglary and s9.1.B Theft Act 1968 burglary?

    What are the fundamental differences?

    1) Fred breaks into a house belonging to Bob. Fred thinks that Bob is sleeping there and intends to beat him within an inch of his life. In fact Bob is not there and Fred leaves without attacking anyone or stealing anything.

    This is a 9(1)(a) burglary since Fred has entered as a trespasser with intent to commit GBH. It is not a 9(1)(b) burglary because Fred has not attempted to inflict or actually inflicted any GBH (nor has he stolen anything or attempted to do so).

    2) Larry is homeless and breaks into a barn belonging to Bill, intending to spend the night there to shelter from the cold. While bedding down into the hay he notices some jewelry on the floor and puts it into his pocket. He then leaves in the morning with the jewelry.

    This is not a 9(1)(a) burglary because Larry has not entered with the intent of committing any offence listed in ss. 2. It is a 9(1)(b) burglary because Larry has entered as a trespasser and has stolen something.

    3) Mark breaks into Dan's house intending to steal Dan's TV. He unplugs the TV and is picking it up when he is disturbed by Dan, and runs off empty-handed.

    This is a 9(1)(a) burglary because Mark entered as a trespasser with the intention of stealing. It is a 9(1)(b) burglary because, having entered as a trespasser, he attempted to steal (assuming that his action is more than merely preparatory which it seems like it is).
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Updated: March 31, 2013
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