Burglary

Question 1

9(1)a burglary

Answer 1

A person is guilty of burglary if he/she; enters any building or part of building as a trespasser with intent to commit theft, GBH, criminal damage therein (inside the building)

Question 2

9 (1)b burglary

Answer 2

Having entered any building or part of building as a trespasser he steals or attempts to steal anything in the building or part of it, or inflicts or attempts to inflict on any person therein GBH.

Question 3

Define ‘enters’ in terms of burglary

Answer 3

• Insertion of any body part, however small
• Needs to be result of intent - not accidental
• Includes use of an instrument to retrieve items, but not to gain entry
• Innocent agent - child under 10 or animal used to gain entry

Question 4

Define ‘building’ in terms of burglary

Answer 4

• Generally static
• Tents not included
• Not in transit
• Vehicles and vessels when occupied as dwellings

Question 5

Define trespass

Answer 5

• To pass over a limit or boundary or to enter unlawfully upon another’s land
• Must know or be reckless to the fact that they are a trespasser
• E.g. permission to enter fathers home - stole TV - intent to steal voided general permission.

Question 6

What’s the difference between 9(1)a and 9(1)b?

Answer 6

9(1)a - Intent to steal, GBH or criminal damage prior to entry.
9(1)b - After entry action of steal/GBH. No criminal damage.

Question 7

Define aggravated burglary

Answer 7

Section 10(1) A person is guilty of aggravated burglary if he/she commits any burglary and at the time has with him/her any firearm, imitation firearm, any weapon of offence, or any explosive (WIFE)

Question 8

What does ‘WIFE’ stand for?

Answer 8

Weapon of offence.
Imitation firearm.
Firearm.
Explosive.

Question 9

What type of offence is 9(1)b burglary?

Answer 9

Either way

Question 10

What is the maximum sentence for 9(1)b burglary?

Answer 10

14 years