Burglary

Question 1

What is the legislation for burglary?

Answer 1

Section 9 (1) a and b of Theft Act 1968

Question 2

What type of offence is burglary?

Answer 2

Either way offence

Question 3

What is the maximum sentence for burglary?

Answer 3

10 years/ 14 years if a dwelling

Question 4

What is the section 9 (1) a definition of burglary?

Answer 4

A person enters a building or part of a building as a trespasser with the intention to cause damage, inflict GBH or steal

Question 5

What is the section 9 (1) b definition of burglary?

Answer 5

Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or commits GBH

Question 6

What dictates that a person has entered a building?

Answer 6

• any body parts enter
• any extension of the body enters
• any innocent agent enters
• must have the intent to commit damage, inflict GBH or steal
• if enter to borrow then technically will not be burglary

Question 7

What is a building classed as?

Answer 7

• must have a degree of permanency
• includes vehicles and vessels being used as dwellings
• never includes a tent, but will include a portacabin or similar

Question 8

What is true consent?

Answer 8

If you let someone in under false pretences and the commit GBH or steal then they would still be a trespasser as they have not been given true consent