15. Burglary And Aggravated Burglary Theft Act 1968 Flashcards
What is Section (1) a Theft Act 1968?
Enters…
A building or part of a building…
As a trespasser with intent to…
Do unlawful damage to the building or anything therein or…
Inflict grievous bodily harm on any person therein or…
Steal anything in the building or part of the building
What does it mean to enter?
The enter must be effective
Can be an instrument
Can be an innocent agent
What does it mean by building?
A structure of a permanent nature that can be portable structure in some circumstances.
May be a vehicle or vessel if inhabited but can never be a tent.
What does it mean by part of the building?
Where in one part of a building lawfully…
But enter another part as a trespasser…
Multi occupancy dwelling
A staff room
Behind a counter
What does it mean by trespasser?
Aware or reckless that they are trespassing…
No right by law or without express or implied permission.
Their intent may invalidate a permission.
What does it mean … with intent to?
- must be at the precise moment of entry to the building
- steal- not abstract electricity or TWOC
- nothing worth stealing needs to be there
- but if it is- it must be within the building or part of the building, not a yard…
- damage… to the building or anything in it
- it’s the intent that counts… there doesn’t have to be anything worth stealing, the person there to assault, or the item to damage.
What is Sec 9 (1)b Theft Act 1968?
Having entered…
A building or part of a building…
As a trespasser…
Inflicts or attempts to inflict grievous bodily harm on any person therein or…
Steals or attempts to steal anything therein.
What is Aggravated Burglary Section 10 Theft Act 1968?
Commits any burglary and at the time has with them any... W: Weapons of Offence I: Imitation firearm F: Firearm E: Explosive
What is a weapon of offence?
Any article…
Made, adapted or intended for use…
For causing injury to…
Or incapacitating a person
