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| Question | Answer |
| LEGISLATION Which makes burglary an offence | S9(1)(a) Theft Act 1968 AND S9(1)(b) Theft Act 1968 |
| What is the difference between S9(1)(a) and S9(1)(b) Theft Act? | S9(1)(a) does not require the offender to have actually stolen or damaged anything, nor to have harmed anybody, but simply to have entered a building with the intent to have carried out one of the requisite acts. S9(1)(b) is the offence that results when these acts are committed or attempted. |
| What is S9(1)(a) Theft Act 1968? | A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, commit criminal damage or inflict grievous bodily harm on any person therein. |
| What is S9(1)(b) Theft Act 1968? | A person is guilty of burglary if having entered any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or attempts to inflict grievous bodily harm on any person therein. |
| What is artifice burglary? | Burglary in which entry was gained by deception or trickery, such as posing (very often to the elderly) as an official (such as a meter reader, someone "sent by the council", etc...) |
| TRUE OR FALSE The criteria for theft must be met for a charge of burglary to be made | TRUE Stealing is as per the definition of Theft in the previous module. If the criteria are not met for a theft, then the Burglary (if on the grounds of stealing) cannot be made out. |
| TRUE OR FALSE It is possible to burgle an open space, yard or garden | FALSE Entering into a building or a part of a building is a key part of burglary. As with theft, if this element is missing, there can be no burglary. It is not possible to burgle an open space, yard, or garden even if the offender is trespassing in order to do so. |
| DEFINE Entry | Generally, "entry" is made by the burglar physically coming into the building. However, "entry" can also be through inserting part of their body - such as reaching in through a window - but any insertion must be more than minimal. Using tools or items to extend the burglar's reach into the building is considered "entry". |
| DEFINE Building | A structure of considerable size, and intended to be permanent or endure for a considerable time. A dwelling is considered a building for the purposes of the Theft Act 1968. |
| DEFINE Dwelling | An inhabited building or vehicle or vessel. A tent cannot be considered a dwelling as it is merely semi-permanent. A dwelling is considered a building for the purposes of the Theft Act 1968. |
| DEFINE Trespass | Entering a building or part of a building for the purpose of committing one of the relevant offences in one of the following ways; entering for a purpose other than the intended purpose of the building, entering by deception, crossing a demarcation, or exceeding general permissions. |
| EXEMPLIFY Common examples of trespassing without necessarily crossing any kind of barrier | Going behind the bar in a pub Entering a bedroom in a private house where no permission was given Going into staff only areas of a public shop |
| TRUE OR FALSE It is not possible to become a trespasser in a building where they have previously entered as a lawful visitor. | TRUE The key lesson from R v Laing is that someone cannot become a trespasser in a building or part of a building, for the purposes of burglary, where they have previously entered that building (or part) as a lawful visitor. |
| LEGISLATION Under which aggravated burglary is an offence | S10 Theft Act 1968 |
| S10 Theft Act 1968 contains provision for which offence? | Aggravated burglary |
| At what point does a burglary become aggravated? | When the suspect is in possession of a weapon AT THE TIME OF ENTRY into the building or part of building. |
| What items can promote burglary to aggravated burglary is possessed at the time of entry into a building or part of building? | WIFE Weapon of offence (S10(1)(b)) Imitation Firearm (S10(1)(a)) Firearm (S10(1)(a)) Explosive (S10(1)(c)) |
| SENTENCE Aggravated burglary | INDICTMENT ONLY Life imprisonment |
| SENTENCE Burglary | EITHER WAY S) Six months imprisonment and/or fine I) Ten years imprisonment, fourteen years if the building was a dwelling, with a three year minimum on the third count |
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