Burglary

Question 1

What are two core sections of Section 9 of the Theft Act.

Answer 1

Burglary – Section 9. 1 A & B

Question 2

What is the Definition of Section 9. 1A Burglary?

Answer 2

“A person is guilty of Burglary if they ENTER a Building or part of a Building as a Trespasser with Intent to:

• STEAL,
• INFLICT Grievous Bodily Harm,
• Unlawfully DAMAGE.”

Question 3

What is the definition of Section 9. 1B Burglary? REMEMBER THERE IS NO D IN A 9. 1B

Answer 3

“A person is guilty of burglary if HAVING ENTERED a Building or part of a Building as a Trespasser he

• Steals or Attempts to steal,
• Inflicts or Attempts to Inflict Grievous Bodily Harm”

Question 4

In relation Burglary what is the meaning of a Building?

Answer 4

• Structure needs to have a degree of permanence. (Dwelling)
• Restricted Area (Till, Staff Room)
• Caravans (Degree of use) – House Boats – Motor Homes – Porta Cabins
  (Does Not have a DEGREE OF PERM.) Tents/Marquees

Question 5

Contrary to Section 9 of The Theft Act, what is Entry and What does it need to be to ensure completion of the Act?

Answer 5

“Entry has to be effective”
- Fully entry (Building or Part of a Building)
- Body (Part of) Reaching through letter box to steal item.
- Using a Child (U10)/Trained Monkey/Dog
Conditional Entry (No need for physical walls separation - walls)

Question 6

What is a Trespasser Contrary to Section 9 of the Theft Act?

Answer 6

A person will be a trespasser when they have entered the building or part of a building without the lawful permission of the owner (To establish Mens Rea the offender must have been aware of this fact). A person who enters with the occupier’s permission will still be a trespasser if they enter for some purpose which they know is outside of the scope of the granted permission.
- i.e., A person went to his father’s house to steal two television sets had entered as a trespasser notwithstanding the fact that he had his father’s general permission to enter the house. His father had never given him permission to enter for the purpose of stealing from inside it.

There will be trespassing where a person moves from a part of the building where they have permission to be two another part where they do not example of this would be a restricted area in the shop

Question 7

What is Stealing Contrary to Section 9 1a and b of the Theft Act?

Answer 7

If Burglary is on the basis of stealing either:

As the intent when entering under section 91A
or
As an act done after entry under 91B

The elements of theft will need to be proved before the burglary can be made out

Question 8

What is the Definition of Aggravated Burglary under Section 10 of the Theft Act

Answer 8

“A person is guilty of Aggravated Burglary if he commits any Burglary and at the time has with him WIFE.”

Question 9

What is WIFE? Contrary to Section 10 of The Theft Act

Answer 9

• Weapon of Offence (Made Intended or Adapted)
• Imitation Firearm (Anything that has the appearance of being a Firearm, whether capable of being discharged or not)
• Firearm
• Explosive (Any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose)

Question 10

What are the Powers of Arrest for Burglary?

Answer 10

Police Powers to arrest exist under 24 PACE 1984(Conditions for Arrest satisfied by COPPLANNED)
Other person powers to arrest exist under S24A PACE 1984
Subject to one or more of the 4 reasons stated at S24(a)