BURGLARY - Sections 9(1)(a), 9(1)(b) & 10(1) Theft Act 1968 Flashcards

1
Q

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

A

Any person who enters a building or part of a building as a trespasser with intent to:
Steal anything in the building or part of the building; or
Inflict grievous bodily harm on any person therein; or
Do unlawful damage to the building or anything therein.

Shall be guilty of an offence

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2
Q

What is the GERMAN Shepherd Dog?

A

G Inflict GBH

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3
Q

What is the German SHEPHERD Dog?

A

S Steal (Theft)

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4
Q

What is the German Shepherd DOG

A

D Damage

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5
Q

What type Offence is Burglary - Sec9(1)(a)?

A

Either - Way offence
10 years imprisonment normally
14 years for burglary dwelling

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6
Q

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

A

Any person who having entered a building or part of a building as a trespasser:-
Steals or attempts to steal anything therein; or
Inflicts or attempts to inflict grievous bodily harm on any person therein

Shall be guilty of an offence

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7
Q

What is GIN and Tonic?

A

G GBH

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8
Q

What is Gin and TONIC?

A

T THEFT

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9
Q

Does G & T both have to be committed?

A

Either GBH or Theft for the offence to be committed.

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10
Q

What is the difference between 9(1)(b) and 9(1)(a)?

A

Be no DAMAGE.

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11
Q

What type Offence is Burglary - Sec9(1)(b)?

A

Either - Way offence
10 years imprisonment normally
14 years for burglary dwelling

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12
Q

What is the definition of Aggravated Burglary - Section 10?

A

Any person who commits any burglary and at the time has with him or her any:

Firearm or imitation firearm; or
Any weapon of offence; or
Any explosive

Shall be guilty of an offence

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13
Q

What is the Mnemonic W i f e represent?

A

W weapon of offence

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14
Q

What is the Mnemonic w I f e represent?

A

I imitation firearm

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15
Q

What is the Mnemonic w i F e represent?

A

F firearm

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16
Q

What is the Mnemonic w i f E represent?

A

E explosive

17
Q

Where must my WIFE be?

A

Close control or access to WIFE and it MUST enter the premises.

18
Q

What is a Weapon of Offence?

A

Any article made or adapted for use for
Causing injury to; or
Incapacitating a person; or
Intended by the person, having it with him or her for that purpose

19
Q

What is an Imitation Firearm / Firearm?

A

“Firearm” includes any air gun or air pistol.
“Imitation firearm” means anything which has the appearance of being a firearm, whether it is capable of being discharged or not.

20
Q

What is an explosive?

A

“Explosive” means any article manufactured for the purpose of producing a practical effect by explosion; or
Intended by the person having it with him or her for that purpose.

21
Q

What type Offence is Burglary - Sec10?

A

INDICTABLE

Life Imprisonment.