Property offences

Question 1

What are the ulterior offences for s9(1)(a) burglary?

Answer 1

It must be proved that upon entry D intended to commit one of the ulterior offences:
- intend to steal
- intend to inflict GBH
- intend to commit criminal damage (unlawfully damage the building/anything in the building)

Question 2

When does a s9(1)(a) burglary take place?

Answer 2

Upon entry with intention to commit the ulterior offence

It is immaterial whether D actually commits one of the offences (of theft/GBH/criminal damage)

Question 3

Is there a need for D to commit the ulterior offence under s9(1)(a)?

Answer 3

No, there is no need for the defendant to actually commit the ulterior offence

Question 4

What are the ulterior offences for s9(1)(b) burglary?

Answer 4

D must do one of the following
- steal
- attempt to steal
- inflict GBH
- attempt to inflict GBH

Question 5

What is the ulterior offence available for s9(1)(a) which is not applicable for s9(1)(b)?

Answer 5

Intention to unlawfully damage the building or anything in the building (this does not apply for s9(1)(b))

Criminal Damage

Question 6

When is a s9(1)(b) burglary committed?

Answer 6

At the time of the commission or attempted commission of the offence

Question 7

To establish a s9(1)(b) burglary, what must the defendant do?

Answer 7

Once inside, the defendant must actually commit/attempt to commit:
- theft / attempted theft
- infliction of GBH / attempted infliction of GBH

Question 8

For which type of burglary can the offence of criminal damage be made up?

Answer 8

The offence of criminal damage can make up a s9(1)(a) burglary, NOT a s9(1)(b)

Question 9

How is a weapon of offence defined for s10 aggravated burglary?

Answer 9

a) firearm - anything which has appearance of being a firearm, whether capable of being discharged or not

b) any article made or adopted for use for causing injury to or incapacitating a person, or intended by D for such use

c) explosive

Question 10

Does there need to be an intention to use the firearm or explosive for it to be a weapon of offence?

Answer 10

No - D does not have to intend to use the firearm or explosive

Question 11

What is the maximum sentence of burglary?

Answer 11

14 years where the building or part was a dwelling; 10 years in any other case

Question 12

What is the max sentence of aggravated burglary?

Answer 12

Life imprisonment

Question 13

What amounts to a weapon of offence of s10(1)(b)?

Answer 13

Any article made or adapted for causing injury to or incapacitating a person; or

Which at the time of committing the burglary the defendant possesses with the intention of causing injury to or incapacitating

Question 14

Does the intended use need to be for the particular burglary?

Answer 14

No
R v Stones - the defendant claimed it was for self-defence

Question 15

When must D have the article with them for a s9(1)(a) burglary?

Answer 15

When they commit the relevant burglary: at the point of entry. D must have the article when entering the building

Question 16

When must D have the article with them for a s9(1)(b)?

Answer 16

On commission or attempted commission of theft or GBH

Question 17

What is NOT considered as property for the purposes of Theft?

Answer 17

Property is not:
- land (but buildings are)
- wild mushrooms or plants picked (unless for a commercial purpose)
- a wild animal that is not domesticated or in a zoo
- confidential information (e.g., company secrets)

Question 18

What does the definition of property include for purposes of theft?

Answer 18

Anything tangible or intangible: money, buildings, personal property, IP rights or credit in a bank account

Question 19

What are the 3 circumstances in which D cannot be dishonest for the purposes of the MR of theft?

Answer 19

D is not dishonest if they have a genuine and honest belief:
- that D has a right in law to deprive the owner of property
- D believes the owner consented or would have consented
- D believes the owner cannot be found by taking reasonable steps

Question 20

Can the defendant have a mistaken belief and still not be dishonest?

Answer 20

Yes, as long as D has a genuine and honest belief in any of the 3 situations, it does not matter if D is mistaken or the belief is silly

Question 21

What is intention to permanently deprive (MR for theft)

Answer 21

D is considered to have intended to have permanently deprive another of their property if he intends to treat the property as his own and deal with it as he sees fit, regardless of the other’s rights in the property

Question 22

What is the difference in timing for a s9(1)(b) offence?

Compared to s9(1)(a)

Answer 22

D has entered the building and THEN attempt to or actually does steal/inflict GBH

D has entered the building, whereas s9(1)(a) is at the time of entry

Question 23

When must D have the weapon of offence?

Answer 23

At the time of committing s9(1)(a) or (b)

For a weapon of offence or explosive, this includes if D had a weapon which at the time of stealing (for example) they intended to use to harm someone or to explode

Question 24

Does the item have to be a weapon?

Answer 24

No, even if the item is not actually a weapon, if, at the time of committing the offence, D has something they intend to be a weapon or explosive, this counts