Burglary Flashcards
Points to prove section 9(1)(a)
INTEND to;
Commit GBH
or,
Steal anything
Damage anything in the building
What is section 9(1)(b)
Commits or attempts to commit;
GBH
Or
Theft
What is the mnemonic that outlines the meaning of ‘offensive weapons in aggravated burglary.
W I F E
Weapon of offence
Imitation firearm
Firearm
Explosive
What is the difference between burglary and aggravated burglary?
Committing aggravated burglary is the same as burglary but at the time the suspect has a weapon of offence
Does a rope count as having a weapon of offence for burglary?
Yes.
It can be used to incapacitate a person.
BROWN enters an insecure boiler room intending to bed down for the night. When disturbed by the security guard he grabs a hammer and hits him. When does he first commit burglary?
When he hits the security guard over the head causing him injury.
Explain 9-1-a Mnemonic German Shepard dog in regards to the INTENT to COMMIT
INTENDS to commit;
GBH
STEAL
or
DAMAGE
Explain the difference between aggravate burglary and burglary
Aggravated is a normal burglary but possessing an offensive weapon
Explain the mnemonic G&T for 9-1-b that outlines the COMMITS part of burglary
GBH
&
THEFT
Is it burglary if somebody trespasses without the intent to commit GBH, steal or damage but then does?
Yes this would become burglary as soon as they commit the act of stealing or damaging.
What is the definition of burglary
A trespasser steals, or attempts to steal, anything in a building or part of it, or inflicts, or attempts to inflict Grievous bodily harm.
How is burglary triable?
Either way
Can a weapon of offence be any article made or adapted for causing injury?
E.g a can of hairspray intended to be used to spray in the homeowners eyes in case he challenges you.
Yes. A weapon of offence is any article made or adapted for causing injury.
Is a garden classed as part of a building?
No. But a garden shed would be. A building must be an enclosed space with a roof.
If somebody has a weapon of offence but their accomplice was not aware of the weapon has the accomplice committed aggravated burglary?
No, not aggravated. The person must know about the weapon or know of its existence.
