## Facts

- The defendant entered a department store during business hours.
- He went behind a counter marked for employees only, an area physically separated from customer access.
- The defendant opened a cash register, found it empty, and was arrested.
- He was charged with unlawful entry with intent to take items from the restricted area.

## Issues

1. Whether moving behind the counter, marked for employees only, constituted entry into a "part of a building" under the relevant law.
2. Whether intent to steal could be established when the cash register was found to be empty.

## Decision

- The Court of Appeal held that the area behind the counter, physically and clearly restricted, qualified as a separate part of the building for purposes of unlawful entry.
- Entering this area without authorization amounted to trespass.
- The court ruled intent to steal is assessed at the time of entry; the fact that nothing was actually taken or available to be taken did not negate the defendant's criminal intent.
- Walkington’s entry into the restricted zone, combined with his purpose to take items, satisfied the mental and physical elements of the offence.

## Legal Principles

- A clearly separated and marked area within a public building can amount to a "part of a building" protected by trespass-related criminal statutes.
- Physical barriers and explicit limitations on entry (such as counters or signage for employees only) support treatment of areas as distinct and protected.
- The intention to commit theft is determined at the point of unauthorized entry, not by whether theft was ultimately achieved or possible.
- Trespass to take items is distinct from burglary under Section 9 of the Theft Act 1968, the latter requiring additional or aggravated elements and carrying a heavier penalty.

## Conclusion

R v Walkington [1979] clarified that restricted areas within public buildings are legally protected under trespass law, and that intent to steal is judged at the moment of entry, not by subsequent events. The case remains influential in delineating protected spaces and how criminal intent is evaluated for offences involving unauthorized entry.


R v Walkington [1979] 1 WLR 1169 (CA)