Burglary

Question 1

What act does burglary and aggravated burglary come under?

Answer 1

Burglary - Section 9 Theft Act
Aggravated -Section 10 Theft Act 1968

Question 2

What sub-section does burglary fall under within the Theft Act 1968 ?

Answer 2

Section 9(1)(a) and 9(1)(b)

Question 3

What subsection does Aggravated Burglary fall under in the Theft Act 1968 ?

Answer 3

Section 10

Question 4

What are the points to prove for Section 9(1)(a) ?

Answer 4

• Enters a building or part of a building (threshold)
• As a trespasser
• With intent (Mens Rea) to do one or more of the following three things:
~ Steal
~ Inflict GBH
~ Commit criminal damage

Question 5

What are the points to prove for Section 9(1)(b) ?

Answer 5

• Having entered a building or part of a building
• As a trespasser
• Commits one of the following two things:
~ Steals or attempts to steal anything
~ Inflict GBH

Question 6

In relation to Aggravated Burglary, what does W.I.F.E stand for ?

Answer 6

W - Weapon
I - Instrument
F - Firearm
E - Explosive

Question 7

What are the points for Aggravated Burglary?

Answer 7

• Has committed burglary
• Had with him at the time
• Any of the following from W.I.F.E

Question 8

Scenario: A man uses a coat hanger though a letter box to gain entry into someone’s house.

Question: Is this Burglary ?

Answer 8

No, because he has only used it for entry

Question 9

Scenario: A man uses a coat hanger though a letter box to steal car keys from someone’s house

Question: Is this Burglary ?

Answer 9

Yes, because they have used it to steal the car

Question 10

Scenario: A tramp breaks into an house when no one is there, for shelter only.

Question: Has the tramp committed any offence under Section 9 of the Theft Act 1968?

Answer 10

The tramp has not committed any offence under Section 9 of the Theft Act 1968.

Question 11

Scenario: A tramp breaks into an house when no one is there for shelter. Whilst inside he notices some valuables within the next room through a glass door. He breaks the door with the intent to steal the valuables.

Question: has the tramp committed any offence under Section 9 of the Theft Act 1968 ?

Answer 11

Yes. Even though he had no intention to begin with, he then formed the intention to steal and entered the other room as a trespasser.

Question 12

Is a tent or a marque classed as a building?

Answer 12

No, due to their lack of permanence – tents and marquees are not buildings even if a tent is lived in – i.e. is used as a dwelling it is still not a building

Question 13

If someone is pushed into a building as a prank by a friend and whilst inside steals, would this be burglary?

Answer 13

No as they would not commit burglary as they did not enter as a trespasser

Question 14

Is entering a building to commit TWOC burglary?

Answer 14

No, as TWOC is not a theft

Question 15

Is entering a building to abstract electricity burglary?

Answer 15

No, as electricity cannot be stolen and is a separate offence

Question 16

Scenario: A man brakes into a house to commit 9(1)(a) and whilst inside is disturbed by the occupier and fearing apprehension grabs hold of a weapon lying around in the room to defend themselves.

Q: Is this aggravated 9(1)(a)?

Answer 16

No offence of aggravated burglary – as the accused did not have the weapon with them at the point the 9(1)(a) offence was complete – ie: when they crossed the boundary

Question 17

Scenario: Where a burglar who after having crossed a boundary as a trespasser is disturbed and opportunistically picks up a weapon lying around the room and causes GBH to the occupier

Q: Is this aggravated 9(1)(b)?

Answer 17

Yes they will have committed the aggravated offence of 9(1)(b) – as they had the weapon with them at the time of the result of inflicting GBH