Burglary Legislation Flashcards
What is Burglary?
Burglary consists of
entering a building or part of a building as a trespasser with intent to commit theft, grievous bodily harm or criminal damage; or
having entered as a trespasser, stealing or inflicting/attempting to inflict grievous bodily harm.
What are the 3 EYES or I’s
- IN PERSON (Hand or person)
- IN-STRUMENT- E.g Hook
- IN-NOCCENT AGENT E.g Child or animal
What is SID?
S- Steal
I- Inflict
D- Damage
Definition of a building?
Needs a degree of permanent residence
- Walls
- Roof
- Utilities
NOT a tent. Can include offices/caravan/site offices/houses
Definition of part of a building?
Other parts of a shop/garage/shed. Unauthorised areas that public don’t have access too e.g back office or behind a desk
What are the two types of burglary defined by WMP?
Residential/ Dwelling
- House and confined area such as garage/shed /out building. If its in the boundary of the house its residential
Business/Community/Other (BOB)
-Shop/garden/office
What is Burglary 91A?
Enters a building or part of a building as a trespasser with INTENT to
1. Steal anything in the building or part of
2. Inflict GBH
3. Do unlawful damage to building or therein
What is Burglary 91b?
Having ENTERED a building or part of a building as a trespasser
1. Steals or attempts to steal anything therein
2. Inflicts or attempts to inflict GBH on any person there in
What is Aggravated Burglary? Think Wife
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him
W- Weapon
I- Imitation Firearm
F- Firearm
E- Explosive
If co defendants are aware there co defendants has access to WIFE they are guilty of aggravated burglary