Burglary

Question 1

what type of offence is this?

Answer 1

either-way

Question 2

what is the max sentence?

Answer 2

10 years’ imprisonment / 14 years for a dwelling

Question 3

what are the offences under s9 Theft Act 1968? Explain them and give an example

Answer 3

s.9(1)(a) = D intends to steal/commit GBH/unlawful damage at the time of entering as a trespasser. The offence is complete on entry with intent, they need not actually carry out the intended offence.
 i.e. D breaks into a house planning to steal a TV but changes their mind and leaves. Guilty under s.9(1)(a).

s.9(1)(b) = D actually commits or attempts to commit theft/GBH after entering as a trespasser.
 i.e. D walks into a house without permission and steals a laptop.

Question 4

what is the AR for s9(1)(a)?

Answer 4

enters building (or part of) as a trespasser

Question 5

when will ‘enter’ be satisfied?

Answer 5

substantial entry i.e. climbing through a window, leaning through, head and arm inside

Outside house + invited in = not burglary

Inside house (as trespasser) + invited in = burglary

If D has authority to be in part of the building but not another, the jury will decide

Question 6

what is a ‘building’?

Answer 6

permanent structures (can be uninhabited) e.g. house, office, warehouse, garden shed (not tents/marquees) + inhabited vehicles and vessels

Question 7

what is the MR for s9(1)(a)?

Answer 7

knowledge / recklessness as to being a trespasser + intent to steal, commit GBH or do unlawful damage

D must have intent MR on entry

Question 8

what is the AR for s9(1)(b)?

Answer 8

enters building (or part of) as a trespasser and AR for actual/attempted theft/GBH

Question 9

what is the MR for s9(1)(b)?

Answer 9

knowledge / reckless as to being a trespasser and MR for actual/attempted theft/GBH

D must have theft/GBH MR once inside