Burglary

Question 1

Which section of the Theft Act sets out burglary?

Answer 1

Section 9

Question 2

What does section 9 of the Theft Act set out?

Answer 2

Two offences of burglary

Question 3

What does section 10 of the Theft Act set out?

Answer 3

Aggrevated burglary

Question 4

What is the maximum penalty for Burglary?

Answer 4

14 years imprisonment for dwellings and 10 years imprisonment for all other buildings

Question 5

What is the maximum penalty for aggrevated burglary?

Answer 5

Life imprisonment

Question 6

Give the section nine one A definition of burglary

Answer 6

You commit a burglary if:
D enters a building or any part of a building as a trespasser with intent to either steal anything in the building, or inflict GBH on any person in the building or do unlawful damage

Question 7

What is the actus reus of one A burglary?

Answer 7

Where D enters a building or any part of a building as a trespasser

Question 8

What is the mens rea of section nine one a burglary

Answer 8

Intent to either steal anything in the building, or inflict GBH on any person in the building or do unlawful damage

Question 9

What was historically a further offence under section nine one A?

Answer 9

Intention to enter a building to rape

Question 10

Which piece of legislation repealed intention to enter and rape?

Answer 10

Sexual offences act 2003

Question 11

What is section 9 one A concerned with?

Answer 11

Entry with intent

Question 12

State the definition of the second offence that section nine one B sets out

Answer 12

You commit a burglary if having entered as a trespasser he steals or attempts to steal anything in the building or inflicts or attempts to inflict GBH on any person therein

Question 13

Give the two main differences between section nine one A and B

Answer 13

In A, intent to commit the ulterior offence can come later

Section A covers unlawful damage

Question 14

Give the significance of Collins in relation to entry

Answer 14

He had entered the building

Question 15

Give the facts and decision of Brown

Answer 15

D was leaning in a shop window rummaging through goods, his feet were outside

His entry was effective

Question 16

Give the facts and decision of Ryan

Answer 16

D was trying to enter through a window but his head and arm got stuck

This was an entry although it wasn’t effective

Question 17

What does the theft act extend building or part thereof to include?

Answer 17

Inhabited places such as house boats, caravans, outbuildings and sheds but there have been conflicting decisions on portacabins

Question 18

Give the significance of b and a v leathley

Answer 18

A 25 foot freezer used as storage which was connected to electricity and had doors with locks was held to be a building

Question 19

Give the significance of Norfolk v Seekings and Gould

Answer 19

A lorry used as storage with steps for access and electricity supply was held not to be a building because it had wheels

Question 20

Give the significance of Walkington

Answer 20

The counter area of a shop was held to be part of a building

Question 21

When are you not a trespasser?

Answer 21

When you have permission to be on the premises

Question 22

Give the mens rea of trespassing

Answer 22

You must know you are a trespasser or be subjectively reckless as to whether you are trespassing

Question 23

Give the significance of Collins in relation to trespassing

Answer 23

D was not trespassing because he had been given permission to enter

Question 24

When may you be a trespasser despite having permission?

Answer 24

Where you go beyond that permission

Question 25

Give the facts and decision of Smith and Jones

Answer 25

Smith and Jones entered Smiths father’s house and stole two TVs

They had gone beyond their permission to enter

Question 26

Give the facts and decision of barker v r

Answer 26

V asked D to look after their house while they were away, D then stole property from the house

D had gone beyond the permission he had been given