Burglary

Question 1

Definition

Answer 1

Sections 9(1)(a) and (b) Theft Act 1968. Guilty if he enters building or part of a building as a trespasser and with intent to commit offence, or having entered building, or part, as trespassers he steals or attempts to steal anything or inflicts or attempts to inflict on any person GBH.

Question 2

Offence under 9(1)(a)

Answer 2

Suspect must enter building, or part of building, unlawfully with intention to steal, inflict GBH on anyone in the building, or unlawfully damage the building or anything inside it.

Question 3

Offence under 9(1)(b)

Answer 3

Suspect must enter building and commit theft or attempted theft, or inflict GBH or attempt to inflict GBH/

Question 4

Entry

Answer 4

Physical entry, need only be part of body, using tools or items to extend burglar’s reach is also entry.

Question 5

Trespass

Answer 5

Must have knowledge of lack of permission to enter building. Includes entry by deceit. Need not be a physical barrier. R v Laing - someone cannot become a trespasser where they previously entered the building as a lawful visitor.

Question 6

Building

Answer 6

Under the Theft Act “a dwelling, shall apply also to an inhabited vehicle or vessel” regardless of whether the inhabitant is there or not. Case law references size and permanence, need not be finished.

Question 7

Aggravated burglary

Answer 7

Under s10 Theft Act - burglary with possession of weapon at time of entering the building. Must be WIFE - weapon of offence, imitation firearm, firearm, explosive. Maximum penalty = life.

Question 8

Found on enclosed premises

Answer 8

Alternative to burglary - Vagrancy Act 1824 - action against trespassers in an enclosed area with an unlawful reason for being there.