Burglary

Question 1

Burglary S9 1(a) Theft Act

Answer 1

A person is guilty of burglary if they enter a building or part of a building as a trespasser with the intent to steal anything in the building or part of the building, inflict GBH to any person therein or do unlawful damage to the building or anything therein

Either way offence.

Question 2

Burglary S9 1 (B) Theft Act

Answer 2

A person is guilty of burglary if having entered a building or part of a building as a trespasser, he steals or attempts to steal anything therein or inflicts or attempts to inflict to any person therein any GBH

Question 3

Aggravated burglary S10

Answer 3

A person is guilty of aggravated burglary If he commits any burglary and at the time has with him his wife.
Weapon of offence
Imitation firearm
Firearm
Or explosive

Question 4

Explian W.I.F.E

Answer 4

Weapon of offence - anything made or adapted or intended by the user to be used as a weapon of offence. Includes incapacitation (Rope)

Imitation firearm - any implement that has the appearance of a firearm

Firearm - any air weapon or gun

Explosive - an article manufactured for explosions or intended by the user to do so

Question 5

What are the points to prove for 9 1(B) burglary

Answer 5

Entry must be effective

• fully enter, not a burglary if entry only (as trespassing not an offence)
• body part reaching through does not amount to burglary unless to steal
• accomplice (E.g child or trained animal)

Building
- must have a degree of permanence, not a tent or a marquee.

Trespasser
- on premises without the consent or without true consent e.g. bogus official