BURGLARY

BURGLARY

S9.1(a)
1. A person is guilty of burglary if he enters any building or part of a building as a trespasser and with intent to commit theft, GBH or criminal damage
  1. Original intention need not be completed
  2. Either way
    1. Summary - 6 months and/or fine
    2. Indictable 10 years
S9.1 (b)
1. 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 that building or part of it or inflicts or attempts to inflict on any person GBH
  1. No time limit between entry as trespasser and act
  2. Cannot commit burglary if had lawful entry then became a trespasser must trespass at time of entry
S 10
1. A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive
2. Indictable only - max life
Points to Prove
1. Building or part of a building
  1. not a tent
  2. inhabited road caravan
    1. static caravan connected to mains
  3. Entry into a building may be actual physical entry or by use of an instrument or by an innocent agent
2. Trespasser
  1. Unlawful entry or to pass over a limit or boundary
  2. Be reckless as to do so
  3. Entry gained by fraud
3. Intent
4. Steal

Resource summary

	Created by Laura Parsons over 10 years ago