Burglary Flashcards
What is 9 (1) (a)
Enters a building or part of building as a trespasser with intent to commit
- theft
- GBH
- damage
Does insertion of an object to facilitate entry count as entry for the purposes of burglary
No - not effective entry
Coat hanger to open a lock is not entry
Can a person with permission to enter a building commit burglary?
Yes if they exceed the permission by forming the intent to steal etc
What is a building
Any dwelling, inhabited vehicle or vessel (whether three person is there or not)
Includes substantial portable structures
What is part of a building
Includes and area sufficiently segregated such as a rope with no entry sign or flat within a communal area
Re burglary what is intention
At the time of entry must have intent - not before or after
- intent only (don’t need to actually steal or commit gbh
What is burglary 9 (1) (B)
Having entered a building as a trespasser steals or attempts to 1) steal or inflicts or attempts to inflict 2) GBH
Must enter as a trespasser- if you become a trespasser and steal, that’s theft
What is a WIFE
Weapon of offence
Imitation firearm
Firearm
Explosive
Must have both knowledge and control of the WIFE
What is not a WIFE
Fingers under the coat