Burglary

Question 1

What are the 6 elements** to **burglary section 9 1 a?

Answer 1

• Enters a building
• As a trespasser
• With intent to
• Steal anything in the building
• Or inflict GBH on any person therein
• Or do unlawful damage to the building or anything therein

Question 2

What section** of the **Theft Act 1968** does **Burglary with intent come under?

Answer 2

Section 9 1 a

Question 3

What are the 4 elements** to **burglary section 9 1 b?

Answer 3

• Having entered any building
• As a trespasser
• Steals or attempts to steal anything therein
• Inflicts GHB or any person therein

Question 4

What is the difference** between Burglary **section 9 1 a** and **Section 9 1 b?

Answer 4

Section 9 1 a** requires **intent whilst entering

Section 9 1 b** requires **no intent to steal start with, but then a theft did occur

Question 5

What does WIFE stand for?

Answer 5

Weapon of offence

Imitation Firearm

Firearm

Explosive

Question 6

What would an aggravated burglary under 9 1 a look like?

Answer 6

• WIFE** at the **point of entry
• Enters** building as **trespasser
• With intent to
• Steal** something or do **damage** to **person/property

Question 7

What would an aggravated burglary 9 1 b look like?

Answer 7

• Having entered** a building or part of a building as a **trespasser
• See’s an opportunity** to and then **steals an item
• Using an offensive weapon** they **found (e.g. crowbar, knife)
• Not premeditated

Question 8

What causes a burglary to become aggravated burglary?

Answer 8

Having one or more of:

• Weapon of offence
• Imitation of weapon
• Firearm
• Explosive

Question 9

A person gets locked in a building by mistake** and whilst there, see’s some **money** behind a door. They find a screwdriver to pry open the door and **steal the money. Which section does this come under and why?

Answer 9

Section 9 1 b (aggravated)

Entered** part of a building as a **trespasser

Stole money

No initial intent

Question 10

A person plants a crowbar nearby a shop he intends** to steal from later on. Come night time, he grabs the **crowbar** and uses it to pry open the shop window and proceeds to **steal** multiple items. What section of the **Theft Act 1968 does this come under, why?

Answer 10

Aggravated Burglary Section 9 1 a

Defendant plants WIFE

Enters building using WIFE

Steals items

Question 11

A defendant enters** a shop **passed closing hours**. The owner is still there and the defendant pulls a **fake gun** on the owner and tells him to fill a bag with money. The owner does so and the defendant leaves with the money. What part of the **Theft Act 1968 does this come under, why?

Answer 11

Aggravated burglary 9 1 a

Defendant enters** building as **trespasser with WIFE

And intent** to **steal

Question 12

The defendant is in a shop and the owner closes up the shop not realising** the defendant is still in the shop. The defendant **realises he’s been locked in**, but see’s an **opportunity to steal** something. He creates a **gun shape** in his pocket with his hand and points it toward the shop owner telling him to hand over the money in the till. What section of the **Theft Act 1968 does this come under, why?

Answer 12

Aggravated 9 1 b

No initial intent to steal

Uses imitated weapon to carrying out theft

Question 13

The defendant pushes** a man to the ground and **takes the bag he dropped. What section under the Theft Act 1968 does this come under, why?

Answer 13

Robbery Section 8

Dishonestly appropriates property belonging to another with intention to permanently deprive

Used force to commit theft