Burglary and Aggravated Burglary Flashcards
s9.1a Theft Act 1968 - Burglary
Indict if ‘ulterior offence’ indict or if committed in dwelling and violence used o/wise = e/w
14 yrs if dwelling or 10 yrs / 6 mths / fine
Intending to DIT
Entry - Forefinger pushing open window suffices.
Entry must be effective - Matter for jury
Instrument used to facilitate the ulterior offence is entry BUT NOT if instrument used to facilitate the entry.
Entry must be deliberate.
Def must KNOW or be RECKLESS as to trespass.
If intend to DIT upon entry when entry normally granted = trespass
Building = incl dwelling, inhabited vehicle or vessel even if occupant not there.
Portable structures can be buildings if been in position for some time and wired to electrics etc.
Tents NOT buildings even if lived in.
Intention to steal - Not electricity and not TWOC.
Section 9.1b Theft Act - Burglary (after entry as a trespasser)
(att) IT.
Same sentencing.
s10 Theft Act 1968 - Agg Burglary
ind - Life
for 9.1a must have WIFE at time of entry
for 9.1b, at time of (att)IT must have WIFE.
Def must have knowledge of WIFE and some degree of control of it.
The def with the WIFE must ENTER the building
If merely threaten someone with weapon in 9.1b, not aggravated unless (att) inflict GBH.
Def of lawful authority or reas excuse in rel to poss off weapon do not apply.
