Burglary Flashcards
S.9(1.A):
A person who ENTERS a BUILDING or PART OF A BUILDING as a TRESPASSER with INTENT to
Steal
Inflict GBH
Damage
(Intent at the time of entry)
S9(1.B):
A person who having ENTERED a BUILDING or PART OF A BUILDING as a TRESPASSER Steals or attempts to steal or Inflicts or attempts to inflict GBH
(Behaviour once inside the building)
Enters:
Either whole body or any part of of the body
Inserting any instrument. NOT entry if Defendant facilitating entry
Building:
To be a building the place must have some degree of permanence
Inhabited vehicles, that are lived as dwellings also count as buildings for this purpose
Part of a building:
When someone has permission to be in one part of the building but not other parts
E.g behind a counter in a shop
Trespasser:
Without consent of person in charge / control of building
Entry gained by deception is not true consent - therefore still trespassing
Section 10 of Theft Act 1968:
Is committed by anyone who commits burglary and AT THE TIME has with him any WIFE
WIFE
Weapon of offence
Imitation Firearm
Firearm
Explosive