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NWP Special Constable Exam > Burglary and Aggravated > Flashcards

Burglary and Aggravated Flashcards

1
Q

How many forms of burglary are there?

A

2 types: Section 9(1)(a) and Section 9(1)(b)

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2
Q

Which extract of legislation covers Burglary?

A

The Theft Act 1968, Section 9(1)(a)

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3
Q

How is burglary triable?

A

Triable on indictment if ‘ulterior motive’ is triable on indictment, or if committed in a dwelling and violence used; otherwise triable either way

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4
Q

What is the penalty on indictment if the building or part of building is a dwelling?

A

14 years imprisonment

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5
Q

What is the penalty on indictment if building or part of building is NOT a dwelling?

A

10 years imprisonment

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6
Q

What is the penalty if tried summarily?

A

Six months’ imprisonment and/or fine

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7
Q

What is the definition of Burglary, Section 9 (1)(a)?

A

Enters any building or part of a building as a trespasser with intent to steal anything in the building or part of a building, inflict grievous bodily harm to any person therein or do unlawful damage to the building or anything therein

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8
Q

Under what form of law is “enters” defined under?

A

Common law

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9
Q

Under common law, how is “enters” defined?

A

Entry is the insertion of any part of the body, however small, across a threshold which is effective

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10
Q

Who assesses whether an entry is effective?

A

The jury

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11
Q

For an effective entry, does the defendant need to have entered the building to such extent that the ulterior offence of the original entry can be committed?

A

No - the ulterior offence does not need to be realised, only acted towards

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12
Q

For a legitimate charge of burglary, must the defendant have succeeded in getting their whole body into a building?

A

No - any part of the body crossing the threshold, however small, is sufficient to constitute entry, even if only a hand

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13
Q

Under common law, would the insertion of an instrument across a threshold constituent effective entry?

A

Yes - so long as the instrument is inserted for the purpose of enabling the ulterior motive to take place i.e. a hook inserted to steal property, a gun inserted to cause GBH

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14
Q

Would the insertion of an instrument across a threshold to facilitate entry be sufficient for a charge of burglary?

A

No - the insertion of any instrument in order to gain entry is not entry itself and would not be sufficient evidence for a charge of burglary

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15
Q

In addition to being effective, what other quality must an entry have for a legitimate charge of burglary?

A

The entry must be deliberate, not accidental

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16
Q

What two conditions qualify the act of trespass as sufficient for a charge of burglary?

A

The defendant must either

1) know they are entering as a trespasser (i.e. know they are entering without a right by law, or without express or implied permission to do so);
2) or be reckless as to the fact that they are entering as a trespasser

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17
Q

If a defendant has a general permission to enter a building or part of a building for legitimate reasons in another context, will this nullify a charge of burglary in ALL contexts?

A

No - so long as the true intention of the defendant when entering (to steal, commit GBH or criminal damage) would not form part of their legitimate permission to enter the building in the usual context. Exceeding these legitimate permissions renders the defendant a trespasser

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18
Q

If X gives Y their house keys for the purpose of feeding their cat whilst on holiday, and Y, intending to steal from X’s home, uses the key to get inside, has burglary been committed and why?

A

Yes - because X did not give Y the keys for the purpose of stealing. Y’s intention renders his permission of entry illegitimate as soon as the intent is formed and access gained across the threshold.

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19
Q

What additional places does Section 9(4) of the Theft Act 1968 define as a “dwelling” in addition to buildings?

A

“Dwelling” also applies to any vehicle or vessel which is inhabited, both at times when the person habiting it is there or not there

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20
Q

How is a “building” typically defined?

A

Generally, a structure of a permanent nature

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21
Q

Can a portable structure ever constituent a “building” for the purposes of a charge of burglary?

A

Yes - so long as it has most of the attributes of a building

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22
Q

Who ultimately decides what constitutes a “building” in burglary cases i.e. a pile of bricks to build a house ?

A

The jury

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23
Q

Can tents and marquees be considered “buildings” in respect of burglary?

A

No - they cannot, event if the tent is somebody’s home

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24
Q

What quality must a vehicle/vessel have to be considered a “building” in respect of burglary?

A

It must be inhabited, even if the person is not “in” at the time of the crime. E.g. house boats, motor homes.

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25
Q

Can a canal boat which is not inhabited be considered a “building” for the purposes of burglary?

A

No - whilst capable of habitation, is it not a building for a long as it is not habited

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26
Q

What is meant by “part of a building”?

A

An area sufficiently physically marked out as segregated from another

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27
Q

Who decides what constitutes “part of a building” in Burglary cases?

A

The jury

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28
Q

Would a “No Entry” sign or rope designate a “part of a building”

A

Yes - it mark off one part of a building from another, and associated permissions of access

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29
Q

If a waiter has a legitimate access to a restaurant kitchen, and enters a fridge (reserved only for chefs) through a soft perspex barrier, are they committing trespass?

A

Yes - the fridge has been physically marked out as a separate space from the kitchen and is a different part of the building to that which the waiter has legitimate access permissions for

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30
Q

For a charge of burglary, when must the intention to enter a building as a trespasser to steal, commit GBH or unlawful damage exist?

A

At the time of entry (NOT before or after)

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31
Q

What is the definition of the intention of “stealing”, existing at the time of entry to a building as a trespasser?

A

To commit theft in line with the definition contained in Section 1 of the Theft Act 1968

32
Q

Can the intention of “stealing” include abstracting electricity with regard to a charge of burglary?

A

No - electricity is not “property” for the purposes of theft

33
Q

Can the intention of “stealing” include Taking a Conveyance Without Consent (TWOC) with regard to a charge of burglary?

A

No - TWOC does not constitute theft as their is no intention to permanently deprive

34
Q

Can property existing outside of a building be the focus of the theft in respect of burglary?

A

No - the property intended to be stolen must be in a building or part of a building

35
Q

What is the definition of the intention to “inflict grievous bodily harm”, existing at the time of entry to a building as a trespasser?

A

To commit theft in line with the definition of Wounding and Causing Grievous Bodily Harm With Intent (Section 18, Offence Against the Person Act 1861)

36
Q

Is it necessary to prove that wounding/GBH actually took place in order to prove the “intent of inflicting GBH”, to charge for burglary?

A

No - it is only necessary to prove intent in line with the offence Wounding and Causing Grievous Bodily Harm With Intent (an intent offence)

37
Q

What is the definition of the intention to “cause unlawful damage”, existing at the time of entry to a building as a trespasser?

A

To commit unlawful damage in line with the offences defined under the Criminal Damage Act 1971, section 1(1), including damage not only to the building but to anything in it

38
Q

Is the conditional intent defence that there was nothing worth stealing in the building and thus no stealing took place sufficient to nullify a charge of burglary?

A

No - it is enough for guilt to rest on the intent at the time of entry alone. The non-completion of the intended theft/unlawful damage is not a sufficient defence.

39
Q

Is the conditional intent defence that the intended victim was not in the building and thus no GBH took place sufficient to nullify a charge of burglary?

A

No - it is enough for guilt to rest on the intent at the time of entry alone. The non-completion of the intended GBH is not a sufficient defence.

40
Q

What is the definition of Burglary, Section 9 (1)(b)?

A

b) Having entered a building or part of a building as a trespassers steals or attempts to steal anything therein, or inflicts or attempt to inflict grievous bodily harm on any person therein

41
Q

What does burglary 9(1)(b) specifically focus on?

A

A defendant’s behaviour AFTER enter a building or a part of a building as a trespasser

42
Q

For a charge of burglary 9(1)(b) what must be the case?

A

The defendant must have ENTERED the building or part of a building as a trespasser

43
Q

What circumstance is insufficient to warrant a charge of burglary 9(1)(b)?

A

That the defendant subsequently becomes a trespasser in (a part of) the building by exceeding a condition of entry i.e. hiding in a shop until it closes; passing out in a nightclub toilet cubicle beyond closing

44
Q

If X becomes a trespasser in a public bathroom by exceeding a condition of entry and, remaining in the bathroom, decides to steal from the sanitary dispenser machine in the bathroom, have they committed burglary?

A

No - X did not ENTER the bathroom as a trespasser. Entry as a trespasser with an attempt or successful act of theft of GBH is the ONLY legitimate grounds for a charge of Burglary 9(1)(b)

45
Q

If X proceeds from the public bathroom where he has become a trespasser by exceeding the conditions of entry, and passes into the bar area intending to steal money from an open cash draw, has he committed Burglary 9(1)(b)

A

No - 9(1)(b) is an Actus Reus offence, not an intent offence. Entering as a trespasser merely with an intent to steal/commit GBH is not sufficient for Burglary 9(1)(b) until the moment when an actual attempt/act of stealing/GBH occurs

46
Q

Is entry into a building/part of a building as a trespasser AND an attempt/act of unlawful damage sufficient for Burglary 9(1)(b)?

A

No - unlawful damage is only relevant to Burglary 9(1)(a), not 9(1)(b)

47
Q

What level of assault constitutes “GBH” in regard of Burglary 9(1)(b)?

A

Assault in line with:

  • Wounding or Inflicting GBH
  • Wounding or Inflicting GBH with Intent
48
Q

What extract of legislation covers Aggravated Burglary?

A

Theft Act 1968 Section 10

49
Q

How is aggravated burglary triable?

A

On indictment, in Crown Court

50
Q

What is the penalty for aggravated burglary?

A

Life imprisonment

51
Q

What is the definition of aggravated burglary?

A

A person is guilty of aggravated burglary if he commits any burglary and at the time has with him and firearm or imitation firearm, any weapon of offence, or any explosive

52
Q

What is the acronym to remember the articles that render a charge of aggravated burglary?

A 
WIFE
Weapon of offence
Imitation firearm
Firearm
Explosive
53
Q

What does the definition of “at the time” depend on in respect of aggravated burglary?

A

The type of burglary the defendant is charged with

54
Q

If the defendant is charged with burglary Section 9(1)(a), how should “at the time” be read?

A

9(1)(a) is committed at the point of entry : . the defendant must have the WIFE WITH them at the point of entry and with the intention of committing an offence for aggravated burglary

55
Q

If the defendant is charged with burglary Section 9(1)(b), how should “at the time” be read?

A

9(1)(b) is committed at the point of stealing/inflicts or attempts to inflict GBH : . the defendant must have the WIFE WITH them at the point of attempting/committing the offence of aggravated burglary

56
Q

What is meant by the term “has with him” in respect of aggravated burglary?

A

This is more restrictive than possession and requires the defendant to have the article within some degree of immediate control, often (but not always) carrying it

57
Q

Must a defendant have the WIFE on his person to be deemed in immediate control of it, and thus constituting “having it with him”?

A

No - whilst frequent, this does not have to always be the case

58
Q

What is essential in terms of the having of the article to constitute legitimate aggravated burglary?

A

It is essential the individual has knowledge of the the presence of the WIFE

59
Q

Can Y also be guilty of aggravated burglary if his partner, X, takes a WIFE with him when they commit burglary?

A

No - so long as Y was not aware of X having the WIFE until after the burglary was complete

60
Q

If the defendant has a WIFE with them for some other purpose unconnected with the burglary offence when carrying out the offence, can they still be guilty of aggravated burglary?

A

No - they must have the specific intent of using the WIFE in order to complete the burglary for a charge of aggravated burglary

61
Q

If a getaway driver assisting his colleagues as part of a burglary has a WIFE with him but does not himself enter the building, can a charge of aggravated burglary be brought against him?

A

No - aggravated burglary cannot be carried out if the person with the WIFE did not at some point enter the building/part of the building

62
Q

What is the definition of instant arming?

A

The defendant’s appropriation of any article in near proximity for the purposes of an offensive weapon, even if the article itself is ordinarily inoffensive

63
Q

What 4 subcategories of Weapons of Offence exist in regard of Aggravated Burglary?

A

1) Items MADE for causing injury;
2) Items ADAPTED for causing injury;
3) Items INTENDED for causing injury;
4) Items MADE, ADAPTED OR INTENDED to incapacitate

64
Q

Give an example of an article made for causing injury?

A

Bayonet or knuckleduster

65
Q

Give an example of an article adapted for causing injury?

A

A screwdriver that has been sharpened at the tip

66
Q

Give an example of an article intended for causing injury?

A

An ordinary cutlery knife (although inoffensive itself, when INTENDED for causing injury, it become an offensive article)

67
Q

Give an example of items made, adapted or intended to incapacitate a person?

A

Handcuffs, rope, CS spray, chloroform

68
Q

What 2 things must the defendant know in relation to the Weapon of Offence which are adapted/intended for injury as part of a legitimate charge of aggravated burglary?

A

1) They must know of the presence of the weapon of offence

2) They must know that it IS a weapon of offence

69
Q

Must the defendant know of both the presence of a weapon of offence AND that it is a weapon of offence in respect of articles made for causing injury where aggravated burglary is concerned?

A

No - not in respect of articles made for causing injury. Their offensiveness is presumed to be self-evident.

70
Q

Do the defences of lawful authority and reasonable excuse apply in relation to the possession of an offensive weapon for a charge of aggravated burglary.

A

No

71
Q

Can something which looks like a firearm but cannot be discharged constitute an imitation firearm?

A

Yes - anything with the appearance of a firearm (whether capable of being discharged or not) can constitute an imitation firearm besides one notable exception (finger pointed under coat to resemble a firearm)

72
Q

Can a finger pointed under a coat to resemble a firearm constitute an imitation firearm?

A

No - this is the one exception to the definition of imitation firearms

73
Q

How is the term firearm defined in regard of aggravated burglary?

A

The term is not defined for this offence but includes airguns and air pistols?

74
Q

Do airguns and air pistols constitute a firearm in respect of aggravated burglary?

A

Yes

75
Q

Does the definition of “explosive” include articles intended to produce a practical effect of explosion even if home made and unsuccessful when considering aggravated burglary?

A

Yes - home made explosives of those intended for explosion are included

76
Q

Can fireworks constitute an “explosive” in regard of aggravated burglary?

A

This is yet to be firmly resolved but it appears fireworks largely do NOT constitute an “explosive” as they are primarily manufactured for pyrotechnic purpose, not explosive effect.

NWP Special Constable Exam (26 decks)

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