Burglary

Question 0

Aggravated Burglary

Answer 0

10 Aggravated burglary.

(1) A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose—
(a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and
(b) “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and
(c) “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.
(2) A person guilty of aggravated burglary shall on conviction on indictment be liable to imprisonment for life.

Question 1

What is definition of burglary

Answer 1

9 (1) (a) A person is guilty of Burglary if he enters a building or any part of a building as a trespasser with intent to: (a) damage

(b) inflict GBH
(c) theft

9 (1) (b) A person is guilty of burglary if having entered a building or any part of a building as a trespasser he

(a) inflict GBH
(b) theft

Question 2

If they enter building or part of it with intention to steal a car is it burglary?

Answer 2

No as TADA is not a trigger for burglary ie not theft etc

Question 3

What is a building in relation to burglary?

Answer 3

A structure of some size with walls and a roof of a permanent or semi permanent structure.

Most are made of block, brick or stone but can be wooden.

Dwelling houses, warehouses and shops are all buildings. So are outhouses and greenhouses provided they are at least semi permanent. Tents, partially built but unroofed houses and open side barns are not