R v Walkington [1979] 1 WLR 1169

What's the case about?
Mr Walkington visited Debenhams on Oxford Street just before closing time.  He went to the second floor where the shop assistants were cashing up the tills.  He walked behind an unattended sales counter and pulled the till open.  Seeing that it contained no money, Mr Walkington slammed the till shut and made to leave the store.  He was stopped by a security guard and arrested.  He was convicted of burglary under s.9(1)(a) Theft Act 1968.

Where is it on the map?
At point K.

Who won?
The Crown ('R').  

What's the principle?
The offence of burglary under s.9(1)(a) Theft Act 1968 has two elements:

1. The defendant must enter a building, or a part of a building, without permission - that is to say that they must be a trespasser

2. Having entered the building, or part of the building, as a trespasser, the defendant must steal or try to steal something from the building.

Mr Walkington was very sorry for what he had done, but denied he was guilty of burglary.  He argued that the Crown Court judge had misdirected the jury as to the law.  These were his arguments:

1. He was not a trespasser as the till was located in an area that could be accessed by the public.  

2. He had only intended to steal any money he might find in the till.  Once he had seen that the till was empty, he had not tried to steal anything (his intention was conditional).  

The Court of Appeal rejected both of these arguments.  These were the reasons:

1. The area behind the sales counter was clearly out of bounds to the public.  This would have been obvious to Mr Walkington. 

2. Intending to steal anything that might be worth stealing was analagous to trying to steal.   It is irrelevant that the defendant may have later discovered that there was nothing worth stealing.

As both elements of the offence were satisfied, Mr Walkington's conviction was safe and his appeal was dismissed.

What's it like today?
The Debenhams store on Oxford Street is currently being refurbished.  When it is finished, the 1970s concrete will be hidden by shimmery silver tiles.  Currently, it is a building site.  Despite my best efforts, I could not persuade the security guard to let me take any photos inside.  But here are a couple of the exterior:

Note the ugly concrete still visible on the lower part of the building: