Burglary

Question 1

Section 9(1)(a) Theft Act 1968

Answer 1

A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict GBH, or do unlawful damage to the building or anything in it

Question 2

Section 9(1)(b) Theft Act 1968

Answer 2

A person is guilty of burglary if having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict GBH on any person in the building

Question 3

Section 10 Aggravated Burglary

Answer 3

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; and for this purpose—

Section 10 (1) (a): “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and

Section 10 (1) (b): “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and

Section 10 (1) (c): “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.

Question 4

Section 25: Going equipped to steal

Answer 4

makes it an offence for a person, other than at his place of abode to: knowingly possess an article for use in the course of or in connection with theft/ burglary.

The possession of the article must occur before the commission of the offence, R v Ellames (1974)

It is essential to prove that: the defendant knew of the existence of the article; and that the article was ‘to hand and ready for use’.