Burglary

Question 1

Burglary: Section 9 of the Theft Act 1968

Answer 1

Either way Offence
- on summary: 6 months imprisonment and/or fine
- on indictment: 14 years imprisonment if the building or part of the building was a dwelling; 10 years imprisonment if other

Question 2

Definition: Burglary under section 9(1)(a) of the Theft Act 1968

Answer 2

Any person who enters a building or part of a building as a trespasser with intent to:

• Steal anything in that building/part of (Theft)
• Inflict GHB on any person therein
• Do unlawful damage to the building or anything therein

Question 3

Definition: Burglary under section 9(1)(b) of the Theft Act 1968

Answer 3

Any person who having entered a building or part of a building as a trespasser therein:

-Steals or attempts to steal anything therein
-Inflicts or threatens to inflict GBH on any person therein

Question 4

What is the difference between 9(1)(a) and 9(1)(b)?

Answer 4

The difference is where the intent was formed, was it before you entered (9(1)(a)) or after you had entered the building (9(1)(b)).

Question 5

Enters

Answer 5

Has to enter in order to commit one of the offences (‘effective entry’)

This can be by:
- bodily entry
- part of your body
- instrument i.e. a coat hanger or fishing rod
- innocent agent i.e. children

It doesn’t include trying to gain entry.

Question 6

Building

Answer 6

Must have some degree of permanence, house, garage, houseboat, caravan.

Includes vehicles and vessels used as dwellings, even if the occupiers are temporarily away.

It NEVER includes tents, but it WILL include a porta cabin or similar.

Question 7

Part of a building

Answer 7

Covers a situation where a person may have a right to be in one part of a building, but not in another

Examples
- adjoining bed-sits in the same house
- the till area of a shop
- behind the bar of a pub

Question 8

Trespasser

Answer 8

Being there without the consent of a person who can give such consent, or without other lawful authority

If entry is obtained under false pretences - bogus officials - this is NOT true consent and the person IS a trespasser

Question 9

Distraction Burglary/Bogus Officials

Answer 9

Most commonly the offenders pretend to be officials from utility companies, builders or the local authority to gain entry to a home

Question 10

Aggravated Burglary: Section 10(1) of the Theft Act 1968

Answer 10

An offence is committed by any person who commits BURGLARY and at the same time has with them WIFE

Weapon of offence or
Imitation firearm or
Firearm or
Explosive

Question 11

Weapon of offence

Answer 11

Any article made or adapted for use for:
- causing injury to, or
- incapacitating a person, or
- intending by the person having it with them for that purpose

Question 12

Imitation firearm or firearm

Answer 12

Firearms include any air rifle or air pistol

Imitation firearm means anything which has the appearance of being a firearm, whether it is capable of being discharged or not

Question 13

Explosive

Answer 13

Explosive means any article manufactured for the purpose of producing a practical effect by explosion or intended by the person having it with them for that purpose.