Lecture 12 Burglary Flashcards
What is Section 9(1)a of the Theft Act 1968?
Enters…
A building or part of a building…
As a trespasser with intent to…
Do unlawful damage to the building or anything therein or…
Inflict grievous bodily harm on any person therein or…
Steal anything in the building or part of the building
What is Section 9(1)b of the Theft Act 1968?
Having entered…
A building or part of a building…
As a trespasser…
Inflicts or attempts to inflict grievous bodily harm on any person therein or…
Steals or attempts to steal anything therein.
What does it mean to enter?
- The enter must be effective
- Can be an instrument but the instrument must be used to aid the theft, no the entry.
- Can be an innocent agent (child under the age of 10) but again it must be to aid the theft.
What does it mean by building?
A structure of a permanent nature that can be portable structure in some circumstances (connected to utilities).
May be a vehicle or vessel if inhabited but can never be a tent.
What does it mean by part of the building?
Where in one part of a building lawfully…
But enter another part as a trespasser…
- Multi occupancy dwelling
- A staff room
- Behind a counter
What does it mean by trespasser?
A person entering someones land or property without permission. A person may be aware or reckless that they are trespassing.
What does it mean with intent for both forms of Burglary?
9(1)A Burglary- The intention to steal, cause damage or GBH is at the time of entering as a trespasser. Nothing worth stealing, damaging or hurting needs to be there but if it is, it must be within the building or part of a building, not a yard. It is only the intention that counts.
9(1)B Burglary- The intention is formed once inside the building as a trespasser. There is no criminal intent when entering, but then they later decide to steal or inflict GBH.
What is Aggravated Burglary Section 10 Theft Act 1968?
Commits any burglary and at the time has with them any... W: Weapons of Offence I: Imitation firearm F: Firearm E: Explosive
What is the difference between 9(1)A and 9(1)B in terms of an Aggravated Burglary?
9(1)A- The WIFE needs to be at the point of entry. They must also know that they have it with them at that point.
9(1)B- It is the point at which the ‘innocent’ trespasser accesses and uses the WIFE to commit the theft or assault offence.
What is a weapon of offence?
Any article…
Made, adapted or intended for use…
For causing injury to…
Or incapacitating a person
Is a firework considered an explosive under this act?
No
