Burglary Flashcards
Which statutes deal with Burglary
s9(1)(a) Theft Act 1968
Intent to commit
s9(1)(b) Theft Act 1968
Steals or attempts to steal with GBH
Actus Reus of s9(1)(a) Theft Act 1968
D entered
A building or part of a building
As a trespasser
Mens rea of s9(1)(a) Theft Act 1968
Knowing or being reckless that D is a trespasser
Knowing or being reckless the structure was a building
Intent to steal, inflict GBH or cause criminal damage
Difference in s9(1)(b) Theft Act 1968
Does not need intent
Enters property and then goes on to inflict theft and GBH on person inside
Statute which deals with aggravated Burglary
s10(1) Theft Act 1968
Name two cased of aggravated Burglary
Kelly [1993]
Screwdriver became weapon
Wiggins [2012]
Weapon outside building