Burglary Flashcards
Define Burglary 9(1)(a) Theft Act 1968
Any person who enters a building or part of a building as a trespasser with intent to:
- Steal anything in that building/part of
- Inflict GHB on any person therein
- Do unlawful damage to the building or anything therein
Define Burglary 9(1)(b) Theft Act 1968
Any person who having entered a building or part of a building as a trespasser therein:
- Steals or attempts to steal anything therein
- Inflicts or threatens to inflict GBH on any person therein
What is the difference between 9(1)(a) and 9(1)(b)?
The difference is where the intent was formed, was it before you entered or after you had entered the buidling
Explain what is meant by ‘Enters’ and also what it doesn’t include
This includes even just using part of your body or by using an extension of your body. i.e. a coat hanger or fishing rod.
It doesn’t include trying to gain entry.
Explain what is meant by the term ‘buidling/part of a buidling’ and also what it doesn’t include
Must be part of a structure thats of some degree of permanence, house, garage, houseboat, caravan.
It would not include tents or other temporary structures
Explain what is meant by the term ‘trespass’
Means going somewhere you are not permitted to be, going beyond where you’re allowed to be.
Identify what makes a Burglary ‘aggravated’ using the mnemonic WIFE
- Weapon of offence
- Imitation firearm
- Firearm
- Explosive
Which legislation does aggravated burglary come under?
Section 10, Theft Act 1968
Explain what is meant by the term ‘Distraction Burglary/Bogus Callers
Most commonly the offenders pretend to be officials from utility companies, builders or the local authority to gain entry to a home
