Lecture 25 - burglary

Question 1

what are the different sentences for burglary

Answer 1

dwelling is 14 years as a max. non dwelling is 10 years max and the minimum sentencing is under section 111 powers of the criminal courts act 2000

Question 2

what are the two different types of burglary under the theft act 1968

Answer 2

the actus reus for burglary is entering a building or part of a building as a trespasser. and under s9(1)(a) with intent to commit theft criminal damage or gbh in the building or under s9(1)(b) committing theft/attempted theft or gbh/attempted gbh

Question 3

what is the significance of r v walkington

Answer 3

highlights that entry into part of a building without consent makesd a trespasser and liable for burglary

Question 4

what does the law state about a trespasser

Answer 4

d must enter as a trespasser and must be aware he is a trespasser. d could also be acting in excess of permission

Question 5

what is aggravated burglary

Answer 5

under s10 of the theft act 1968 a person is guilty of this is he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive

Question 6

what is a weapon of offence

Answer 6

any article made or adapted for use for causing injury to or incapacitating a person

Question 7

what is trespass with intent to commit a sexual offence

Answer 7

s63 of the sexual offences act 2003 states a trespasser on any premises intends to commit a relevant sexual offence on the premises and knows that he is a trespasser