R v Walkington [1979] 1WLR 1169

The defendant was in Debenhams department store. He saw a till which was partially opened and left unattended. He reached behind the counter and looked into the till but it was empty. He was charged with burglary under s.9(1)(a) for entering a part of a building with intent to steal. He was convicted and appealed contending that the counter which is not physically separated from the rest of the store can not amount to a part of a building.

Held:

His conviction was upheld. There was no requirement to have a physical separation. The counter area was clearly out of bounds to the public and thus he was a trespasser in that part of the building.

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