Property Offences - Burglary Flashcards
What is the legislation for burglary?
Section 9 (1) a and b of Theft Act 1968
What type of offence is burglary?
Either way offence
What is the maximum sentence for burglary?
10 years/ 14 years if a dwelling
What is the section 9 (1) a definition of burglary?
A person enters a building or part of a building as a trespasser with the intention to cause damage, inflict GBH or steal
What is the section 9 (1) b definition of burglary?
Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or commits GBH
What dictates that a person has entered a building?
- any body parts enter
- any extension of the body enters
- any innocent agent enters
- must have the intent to commit damage, inflict GBH or steal
- if enter to borrow then technically will not be burglary
What is a building classed as?
- must have a degree of permanency
- includes vehicles and vessels being used as dwellings
- never includes a tent, but will include a portacabin or similar
What is true consent?
If you let someone in under false pretences and the commit GBH or steal then they would still be a trespasser as they have not been given true consent
Can someone who has permission to enter a property still commit burglary?
If the intention is to steal, this intent voids general permission to enter - e.g. if a key is given to enter the property so that they can sleep in a bedroom, permission has not been granted to use this key to steal and thus it will be burglary if used with the intent to steal
However, if a person is in the house with no intention of stealing but goes on to steal, this would not be burglary as there is no ‘trespasser’ element
Must have ‘entered’ the building as a ‘trespasser’ - cannot wait in a toilet until a store shuts with no intention of stealing and then go onto steal - although becomes a trespasser here, they did not enter as one thus would not be burglary
