Burglary and Aggravated Burglary

Question 1

What type of offence is burglary?

Answer 1

An either way offence.

Question 2

What is the maximum sentence for burglary?

Answer 2

10 years imprisonment (14 years for burglary of a dwelling).

Question 3

What are the two types of burglary?

Answer 3

S9(1)(a) and s9(1)(b)

Question 4

Give the statutory definition of burglary.

Answer 4

1) A person is guilty of burglary if:

a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as mentioned in subsection 2; or

b) having entered any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein GBH.

2) Offences referred to in s1(a) above Arte offences of stealing anything I the building or part of the building in question, of inflicting on any person therein any GBH… and doing unlawful damage to the building or anything therein.

Question 5

Explain the common requirements which must be repent for both s9(1)(a) and s9(1)(b) or burglary.

Answer 5

Both offences require D to:

1) enter;
2) a building or part of a building;
3) as a tresspasser; and
4) know or be reckless that they are a trespasser.

Question 6

Explain the key differences between the s91(a) and s9(1)(b) offences of burglary.

Answer 6

S9(1)(a) focuses on thoughts that are going through D’s mind when doing so. whereas criminal liability in s9(1)(b) rests upon D’s actions once inside the property.

Question 7

Summarise the difference between sections 9(1)(a) and 9(1)(b).

Answer 7

9(1)(a):

• D must intend theft, infection of GBH or criminal damage.

9(1)(b):

• D must commit theft or inflict GBH; or
• attempt theft or GBH

Question 8

What is the common AR for both offences of burglary?

Answer 8

D just enter a building or part of a building as a tresspasser.

Question 9

Explain the entry requirement of the AR of burglary

Answer 9

Usually it is clear but occasionally it is not.

Th jury must be satisfied D has made an effective and substantial entry into the premises.

Question 10

Explain the decision in collins.

Answer 10

D climbed up ladder naked and was invited in by victim.

Held that if he was invited in whilst still outside the property, he could not have committed burglary as he had not entered in a way which was effective and substantial.

If he was already in the room once victim consented to him coming in the house, this would be sufficient for the entry requirement.

Question 11

If someone puts their fingers through a letter box, can this count as entry for the requirements of burglary?

Answer 11

No as the entry would not be substantial and effective.

Question 12

What constitutes a building for the AR of burglary?

Answer 12

Case law suggests this is a structure of significant size with some degree of permanence.

Examples include houses. offices, warehouses but also garden sheds. it is irrespective whether someone is actually occupying the property.

S9(4) provides further guidance, confirming inhabited vehicles and vessels such as houseboats are included. For these types of vehicles they must be either:

• a permanent residence (whether or not someone is there at the time of the break in); or
• someone actually in the property at the time of the break in

to be sufficient as a building for burglary.

Question 13

List the types of buildings where it is not required for someone to be living there or in occupation of the property for it to be classed as a building.

Answer 13

Houses;
warehouses;
offices;
sheds

Question 14

Explain what constitutes part of a building for the offence of burglary.

Answer 14

D can be liable if they enter part of a building.

This includes moving from a part of the building they have authority to be in, into a party of the building they do not have authority to enter.

Question 14

List the types of buildings where it IS required someone is in permanent occupation of it usually/ uses the vehicle as a hoe or place of inhabitance (regardless of whether they are actually in at the time).

Answer 14

Campervans;

Houseboats;

Motor homes,

Other inhabited vehicles.

Question 15

If a campervan parked on someones driveway which is intended to be used at a later date, classed as a building for the purposes of burglary under s9(4)?

Answer 15

No.

The vehicle must be a place of inhabitation or residence. If it is, then it doesn’t matter whether or not someone is in the property.

Question 16

Can a tent or marquee (or any other type of temporary structure) be subject to a burglary?

Answer 16

No as they do not constitute buildings.

Question 17

Explain the significance of the case of R v Walkington.

Answer 17

D entered a department store before closing time.

Went behind three sided movable counter in the reserved area for staff.

This was held to be a physical demarcation and therefore sufficient to constitute part of a building.

Question 18

Explain the requirement that D must be a trespasser (in fact).

Answer 18

Usually this is clear, as D will have entered somewhere without consent or permission, constituting clear trespass.

However, sometimes it is less clear.

Someone who is banned from a library and covers their face to get in will be a trespasser.

Similarly someone who lies to gain access to a property will be a trespasser.

Even someone who enters a supermarket with the intent to steal is a trespass as they are not doing so with lawful intention (ie to buy something).

Question 19

Is someone a trespasser where they have had permission to enter a building =, but are then asked to leave and continue to remain in the property?

Answer 19

Yes. Permission to be in the property is revoked and that means they are then a trespasser.

Question 20

Explain the additional AR requirement for s9(1)(b) burglary.

Answer 20

D must also commit the AR of theft, attempted theft, GBH or attempted GBH.

Question 21

Summarise the AR for both 9(1)A and 9(1)(b) burglary.

Answer 21

Both require D to enter a building or part of a building as a trespasser.

for 9(1)(b) there is the additional AR requirement that D actually commits or attempts to commit theft or GBH.

Question 22

Explain the common MR requirement for both types of burglary.

Answer 22

D must either know they are a trespasser or force a risk that they do not have permission to enter and go on to take that risk without justification.

For both burglary offences, the MR as to trespassing must be present at the time of entry.

Question 23

How is it determined whether D had intention to trespass or foresaw the risk that they would be a trespasser?

Answer 23

Area of a building they enter may be roped off, or there may be a sign stating no entry.

They may also simply break into a building to gain entry, which would be an obvious intention to trespass.

Question 24

Explain the additional MR requirement for s9(1)(a) burglary.

Answer 24

D must enter with intention to commit theft, GBH or criminal damage in the building or that part of the building they enter.

They effectively must have this intention, but they do not need to succeed in the offence of theft or GBH. Likewise, if their intent is conditional (ie they have intent to steal from a cash register but find out it is locked) this is still sufficient to satisfy the MR for 9(1)(a).

Question 25

Explain the additional MR requirement for s9(1)(b) burglary.

Answer 25

D must have the MR for either theft or GBH, or an attempt for one of the two offences.

Note the offence IS NOT satisfied if they had the MR for criminal damage.

In relation to the intent for GBH, D having the MR for s20 or s18 assault under the OAPA 1861 is sufficient.

Question 25

Summarise the MR requirement for s9(1)(a) burglary.

Answer 25

Knowledge or recklessness as to being a trespasser; and

Intent to commit theft, GBH or Criminal damage (irrespective of whether they actually carried out one of these offences).

Question 26

Summarise the MR requirement for s9(1)(b) burglary.

Answer 26

Knowledge or recklessness as to being a trespasser; and

Have the MR for either GBH or theft, or the attempt of GBH or theft. This means MR for s20 or s18 GBH is sufficient. MR for criminal damage is not sufficient.

Question 27

Define aggravated burglary.

Answer 27

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

Question 27

Summarise the requirements for aggravated burglary.

Answer 27

D must have the elements for either 9(1)(a) or 9(1)(b) burglary, swell as being in possession of a weapon at the time of the burglary.

Question 28

What type of offence is aggravated burglary?

Answer 28

Indictable only offence, with max sentence of life imprisonment.

Question 29

Give an example of something which would not been deemed a weapon of offence.

Answer 29

A fencing sword (as this is made for sport).

Question 30

List some examples of what is deemed a weapon of offence.

Answer 30

• machete;
• bored bottle;
• hammer;
• length of rope;
• handcuffs.

Question 31

In relation to the weapon, what is the important thing to be proven?

Answer 31

That D knew they had the weapon with them. This is required in order to prove aggravated burglary.

If D does not know they have the weapon, they not found to have committed aggravated burglary.

Question 32

Explain the decision in R v Francis.

Answer 32

D’s entered house armed with sticks and disregarded them before committing the theft.

They were found not guilty, as it could not be proven they had the sticks on them at the moment they intended to steal.

Question 33

Explain the requirement of having the weapon ‘at the time’ of the burglary.

Answer 33

for s9(1)(a), they must have the weapon at the time of entry.

for s9(1)(b) they must have the weapon when the ulterior offence (ie theft, GBH, or an attempt of either) is committed.