Burglary Flashcards
Define Burglary 9(1)(a) of the Theft Act 1968
A person commits an offence who enters a building or part of a building as a trespasser with intent to SID:
S - steal anything in the building or part of the building or
I - inflict grievous bodily harm on any person therein or
D - do unlawful damage to the building or anything therein.
What does the term Enter mean w.r.t burglary
Entry can be made by:
- bodily entry
- party of the body
- an instrument
- by using an innocent agent
Ultimately enter is a question for the jury or magistrate.
Define building with respect to burglary
A building much have some degree of permanence. It will never include a tent but would include a portacabin.
Of note, it also Includes vehicles and vessels used as dwellings, even if occupiers are temporarily away. If they are no longer used as a dwelling, burglary cannot be committed in it.
Define part of a building with respect to burglary
This covers a situation where a person may have a right to be in one part of a building, but not in another. Examples include:
- Adjoining bedsits in the same house
- The till area of a shop
- Behind the bar of a pub
Define trespassing with respect to burglary
This means being there without the consent of a person who can give such consent, or without other lawful authority.
Define steal with respect to burglary
any offence of ‘theft’ under Section 1 of the Theft Act 1968 only. It does not include offences such as…
- abstracting electricity
- taking without owners consent
Define Burglary 9(1)(b) of the Theft Act 1968
Having entered a building or part of a building as a trespasser commits I.S.
I – Inflict grievous bodily harm on any person therein, or
S – Steal anything in the building or part of the building.
What is the penalty for burglary
Either way offences
Maximum 10 years imprisonment, 14 years if a dwelling
What is the difference between burglary (1)(a) and (1)(b)?
9(1)(a) entering with intent to steal, inflict GBH or commit criminal damage
9(1)(b) having entered a building, then stealing or inflicting GBH
A is with intent
Define aggravated burglary
Section 10(1) of the theft act 1968
A person commits an offence who commits any burglary and at the time has with them their WIFE
W - weapon of offence
I - imitation firearm
F - Firearm
E - explosive
Penalty for aggravated burglary
It is an indictable offence and carries a maximum of life imprisonment.
Define ‘has with them’ with respect to aggravated burglary
The offender must have the item with them when they enter the building or part of the building with the intention of committing one of SID (steal / inflect GBH / damage)
Remember it matters not whether the W.I.F.E. was used or not or whether the defendant had the W.I.F.E. with him for some other purpose unconnected with burglary. The offence is still committed.
Example:
A person ‘X’ enters a house as a trespasser intending to steal the contents. While inside ‘X’ is disturbed by the occupier. ‘X’ grabs a kitchen knife from the kitchen and threatens the occupier. If charged with burglary under 9(1)(a), ‘X’ does not, on these facts alone, commit the offence of aggravated burglary because he did not have the weapon (kitchen knife) at the time of the burglary.
If however he grabs the knife from the kitchen and stabs the occupier, inflicting GBH, he commits the offence of burglary under section 9(1)(b) and at the time has with him a weapon of offence. Therefore ‘X’ would be guilty of aggravated burglary. 9(1)(b).
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Define ‘Weapon of Offence’
This is any article made or adapted for use for…
- Causing injury to, or
- Incapacitating a person, or
- Intended by the person having it with them for that purpose
Define ‘Firearm’
This includes all types of firearm such as…
- Airguns and air pistols
- Shotguns
- Section 1 Firearms
