Burglary Flashcards
What is the definition of burglary 91a?
A person is guilty of burglary if enters a building or part of a building as a trespasser with intent to commit any such offence as mentioned in subsection 2
The offence referred to in subsection 1a are offences of:
Stealing anything in the building or part of a building in question.
Inflict on any person therein GBH
doing unlawful damage to the building or anything therein
What is the definition of 91b?
Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of of it, or
Inflicts or attempts to inflict on any person therein any GBH
What is the difference between 91a and 91b?
91a - intent to steal
91b - already in the building and committing the offence.
The damage is dropped for 91b
When does an unfurnished building become a building?
When it reaches the point when it has all it’s walls and roof.
Can you burgle a tent?
No - this is not a permanent fixture
Someone enters a house with permission and then is told to leave an hour later. At this point they refuse to leave and intentionally smash a vase. Is this a burglary?
No
They did not enter as a trespasser
Someone enters a house with permission to enter the lounge and hall only. They leave the lounge and go into a bedroom and steal a wallet. Is this a burglary or just a theft?
A burglary
They have entered part of a building as a trespasser
Someone enters a house with permission to look anywhere for a water leak because they are pretending to be from the water board. In fact they are intending to steal money. Is this a complete offence of burglary?
Yes
The permission has been gained by fraud, so they entered as a trespasser with intent to steal.
Can a typical garden shed be burgled?
Yes
It is a building
Can an inhabited caravan be burgled?
Yes
Can an uninhabited caravan be burgled?
No
Someone. With no permission to enter an office building reaches inside an open window with their arm to steal a wallet. Is this burglary?
Yes
His arm has entered which is sufficient
