Burglary

Question 1

What Act is Burglary under?

Answer 1

The Theft Act 1968

Question 2

What is Burglary Section 9 (1) (a)?

Answer 2

“A person is guilty of Burglary if they enter any building or part of a building as a trespasser with INTENT to commit theft or inflict GBH or criminal damage”

Question 3

What offence is Burglary section 9 (1) (a) and what is the max imprisonment?

Answer 3

An either-way offence,
Max 14 years

Question 4

What is meant by ‘entry’ in Burglary?

Answer 4

• Entry must be deliberate.
• It can be insertion of ANY body part e.g stealing a wallet through a window

Question 5

Can ‘entry’ also be considered through an instrument?

Answer 5

YES but MUST be to commit the offence NOT to gain entry. E.g. using a fishing rod to steal keys to enter the house is not burglary. Using a fishing rod to steal a wallet IS a burglary

Question 6

What is considered a building in Burglary?

Answer 6

Has to have an element of permanence.
Includes vehicles when occupied as dwellings

Question 7

What is not considered as a building even if someone is living in it?

Answer 7

Tents

Question 8

What is meant by part of a building in Burglary and by entering you become a trespasser?

Answer 8

Could be rooms not available to the public e.g. behind bars

Question 9

What is Burglary Section 9 (1) (b)?

Answer 9

“Having entered any building or part of a building as a trespasser, they steal or attempts to steal anything in the building or inflicts or attempts to inflict GBH on any person”

Question 10

What is Section 10 of Burglary under the Theft Act?

Answer 10

Aggravated Burglary

Question 11

What type of Offence is Aggravated Burglary and what is the max imprisonment sentence you can get?

Answer 11

Indictable only
Max - life imprisonment

Question 12

What is Aggravated Burglary?

Answer 12

“If they commit any burglary (9A or 9B) and at the time has with them any; firearm, imitation firearm, any weapon of offence, any explosive”

Question 13

Would it be aggravated Burglary if the person picked up the weapon after entering the building?

Answer 13

NO - the weapon needs to be on the person when the offence is being committed.

Question 14

What does weapon of offence mean?

Answer 14

Any article made of adapted for use of causing injury

Question 15

What will be considered GBH?

Answer 15

Do not need to pierce the skin - just a touch would be considered