Burglary

Question 1

Burglary types

Answer 1

S9(1)(a) - what D intends to do
S9(1)(b) - what D actually does
S10 - aggravated burglary

Question 2

S9(1)(a) Theft Act 1968

Answer 2

D is guilty if he enters any building or part of a building as a trespasser with the intent to commit-
Theft
Inflict GBH
Criminal damage
Therein 

Either way

Question 3

Enters

Answer 3

Can be any part of the body
Entry just needs to be effective (R v Brown)
Can use an instrument which will be an extension of you - but the instrument must be used to commit the offence, not just facilitate entry.
Question of fact for jury.

Question 4

Building

Answer 4

Needs an element of permanence
Vehicles and vessels included if being used to live in
NOT tents, even if it is someone’s home
Basically once it has a roof and is enclosed to the elements, it will be a building
Question of fact for jury

Question 5

Part of a building

Answer 5

E.g. rooms not available to public, areas behind bar/counter, moving room to room with the appropriate intent
You have implied permission to go into a shop but become a trespasser when you reach behind the till.
For jury to decide.

Question 6

Trespass

Answer 6

D must know or be reckless as to the fact that they are entering as a trespasser.
D can recklessly become a trespasser but then must actually intent to commit one of the 3 offences.

Question 7

S9(1)(b)

Answer 7

Having entered any building or part of a building as a trespasser he commits or attempts to commit
Theft
Inflict GBH
Therein

Question 8

D must have entered the building/part of building as a trespasser

Answer 8

If D hid in a area of a shop until it closed then stole from there it would not be burglary as he did not enter as a trespasser. But if he hid in an area of a shop until it closed then moved to another part of the building and stole it would be burglary as he entered that part of the building as a trespasser.

Question 9

Aggravated burglary section

Answer 9

S10 Theft Act 1968

Question 10

Aggravated burglary definition

Answer 10

A person is guilty of aggravated burglary if he commits any burglary and at the time has with him a WIFE

Question 11

WIFE

Answer 11

Weapon of offence
Imitation firearm
Firearm
Explosive

Question 12

Aggravated burglary level of offence

Answer 12

Indictable

Question 13

Type of burglary for aggravated burglary

Answer 13

Any burglary so s9(1)(a) or (b)

Question 14

Has with him

Answer 14

Must be shown that the offender-
Had immediate control of it - article was to hand and ready for use (can be nearby or carried by someone else)
Had knowledge of the existence of the article

Question 15

Weapon of offence

Answer 15

Includes:
items made for causing injury
items adapted for causing injury
items intended for causing injury
AND 
items made, adapted or intended to incapacitate a person e.g. rope, handcuffs.

Question 16

At the time

Answer 16

For s9(1)(a) D must have the article with him when entering the building with the intention of committing one of the offences.
For s9(1)(b) D must have the article with him when committing or attempting to commit one of the offences.