Burglary

Question 1

Section 9(1a) theft act 1968

Answer 1

A person is guilty if he enters a building or part of a building as a trespasser with intent to
- Steal anything therein - Theft
- Inflict grievous bodily harm (GBH) on any person therein – assaulting someone to high degree
- Damage any property therein – breaking something

Question 2

Burglary Section 9 (1b) theft act 1968

Answer 2

A person is guilty of burglary if having entered a building or part of a building as a trespasser he goes on to:
- steal or attempt to steal anything therein
- inflict or attempt to inflict grievous bodily harm on any person therein – it is burglary because it is trespassing
This one is the action. They are already inside the building.

Question 3

Aggravated Burglary S10 theft act 1968

Answer 3

A person is guilty of aggravated burglary if he commits any burglary & at the time has with him any:
- Weapon of offence
- Imitation Firearm – anything that appears to be a firearm. Hand in jacket no.
- Firearm
- Explosive
They must have committed at the time 91a or 91b in order for it to be aggravated burglary s10. A weapon could be on a person or also inside a car/bag with easy access.

Question 4

what is a trespasser?

Answer 4

A person will be deemed to be trespassing if they are - Know or are reckless that they have crossed the boundary without either consent to do so or the right by law to do so.

Question 5

weapon of offence to cause injury?

Answer 5

• Made – switch blade, knife,
• Adapted – adding nails into wood, sharpening a credit card to cut someone
• Intended – put keys between knuckles and punched someone, hammer

Question 6

weapon of offence to incapacitate?

Answer 6

• Made – spray
• Adapted – handcuffs, duct tape
• Intended – rope