Burglary

Question 1

Burglary - legislation

Answer 1

Section 9 Theft Act 1968

Question 2

Points to prove for burglary (3)

Answer 2

1. Enters building or part of building
2. Without permission
3. Intends to steal, inflict GBH or commit criminal damage

Question 3

Considerations regarding ‘entering’ in a burglary

Answer 3

Only need part of body to enter

Using implement + it contributes to steal, inflict GBH, cause criminal damage

Using a child under age of criminal responsibility (you’re liable not them)

Question 4

Definition of building for burglary

Answer 4

Must have degree of permanence (not tents/marquees)
Includes vehicles and vessels
Cant be outside area (garden)

Question 5

Entering without permission for burglary

Answer 5

Intentionally - deceiving owner into providing access

Recklessly - obvious risk they may be trespassing but ignore this

In excess of invitation of owner/occupier

Allowed entry to certain areas but goes into an area outside this permission

Entering with permission??

Question 6

Burglary - type of offence

Answer 6

Either way

Question 7

3 strike rule - burglary

Answer 7

Minimum prison 3-year sentence on the third conviction of burglary on a residential dwelling

Question 8

Distraction burglary

Answer 8

Distracting occupant while another steals

Both are equally guilty

Question 9

WIFE - Aggravated burglary

Answer 9

Burglary whilst having 
W- weapon of offence
I - imitation firearm
F - firearm
E - explosive

Question 10

Consideration of possession of a weapon in aggravated burglary

Answer 10

Possession is enough - doesn’t have to be used

Includes constructive possession

Includes instant arming

Question 11

Aggravated burglary - type of offence

Answer 11

Indictable

Question 12

Section 9 1A and B of Theft Act - aggravated burglary

Answer 12

1A - intention after entering (entered property but no offence yet made)

1B - trespassing and intends to steal or inflict GBH (NOT criminal damage)