Burglary

Question 1

What is meant by entry in relation to 9 1 a and 91b

Answer 1

Walking in, climbing in to a building either completely or by inserting a body part. There must be more than minimal insertion. Tools or articles may be used to gain entry. The article must be used for more than gaining entry. Using a blameless accomplice - child under 10.

Question 2

What is meant by trespass?

Answer 2

Trespass can be unauthorised entering of building. It can be entering a building for a purpose other than what should be the intention eg - shoplifting rather than shopping. Entering through deception distraction burglary. Without invitation or permission. There must be mens rea for trespassing.

Question 3

What is meant by “building “?

Answer 3

A structure of considerable size and intended to be permanent or at least to endure for a considerable time. It has all its walls and a roof. Staff Only areas in shops would be trespassing in a building.

Question 4

In relation to section 10 aggravated burglary what WIFE would you have with you to commit the offence?

Answer 4

Weapon of offence, firearm, imitation firearm, explosive.

Question 5

What is a weapon of offence?

Answer 5

Any article made or adapted for use for causing injury to another person.

Question 6

What is meant by “having with him/her…”?

Answer 6

Knowledge of the existence of the article and physical control over the article.