Burglary

Question 1

Define Section 9 (1)(a) Theft Act 1968

Answer 1

A person is guilty of Burglary if they enter a building or part of a building as a trespasser with the intent to steal anything therein, inflict GBH on any persons therein or damage any property therein.

Question 2

Define Section 9 (1)(b) Theft Act 1968

Answer 2

A person is guilty of Burglary if having entered a building or part of a building as a trespasser they go on to steal or attempt to steal anything therein, or inflict or attempt to inflict GBH on any person therein.

Question 3

Explain “Enters” as it relates to Burglary

Answer 3

Must be effective + with intent
Can be using an innocent agent
Can be using a tool or article
Accused must have crossed boundary
Must be deliberate
Does not need to be entire body

Question 4

Explain “part of building” as relates to Burglary

Answer 4

Staff room
Behind till
Adjoining building

Question 5

Describe “Trespasser” as relates to Burglary

Answer 5

Know or are reckless that they have crossed a boundary without either
Consent
Right by Law

• Consent can be withdrawn

Question 6

Define Section 10 Theft Act 1968

Answer 6

A person is guilty of aggravated burglary if he commits any burglary and has with him at the time
Weapon of Offence
Imitation Firearm
Any Firearm
Any Explosive

Question 7

Explain “Has with them” as relates to Aggravated Burglary

Answer 7

• Must have Knowladge of the item
• Some degree of immediate control
• Need NOT be in their possession
• Must know it’s a weapon of offence
• Jury can decide if had with them at time of the offence