Burglary

Question 1

What is the definition of burglary according to s 9 of the Theft Act (TA) 1968?

Answer 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 any such offence as is mentioned in subsection (2) below; or having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

Question 2

What are the two types of burglary under s 9 of the TA 1968?

Answer 2

1. Burglary with intent (s 9(1)(a))
2. Burglary (s 9(1)(b))

Question 3

What is the maximum term of imprisonment for burglary of commercial premises?

Answer 3

10 years

Question 4

What is the maximum term of imprisonment for burglary of domestic premises?

Answer 4

14 years

Question 5

What are the common elements required for both s 9(1)(a) and s 9(1)(b) burglary offences?

Answer 5

• Enter
• A building (or part of a building)
• As a trespasser
• Know or be reckless that they are a trespasser

Question 6

True or False: Burglary must involve theft.

Answer 6

False

Question 7

In the case of R v Collins, what was a crucial factor in determining guilt?

Answer 7

Whether Collins had made an ‘effective and substantial entry’ into the bedroom.

Question 8

What constitutes an ‘effective entry’ in the context of burglary?

Answer 8

Entry of some part of the defendant’s body into the premises.

Question 9

In R v Brown, why was the defendant’s argument about not having fully entered the building rejected?

Answer 9

The judges confirmed that there must be an ‘effective’ entry for the purpose of burglary, which is a question of fact for the jury.

Question 10

What is the legal significance of ‘entry’ in burglary?

Answer 10

The term ‘entry’ has been debated and can include partial entry, as long as it is deemed effective.

Question 11

Fill in the blank: A building must have some degree of _______ for the offence of burglary.

Answer 11

[permanence]

Question 12

What does s 9(4) of the TA 1968 clarify regarding buildings?

Answer 12

The term includes inhabited vehicles and vessels, whether or not the inhabitant is there at the time of the burglary.

Question 13

What is the legal definition of ‘part of a building’ for burglary?

Answer 13

Entry can be committed either by entry into a building or into part of a building.

Question 14

True or False: Moving to a different part of a building without permission can make a person a trespasser.

Answer 14

True

Question 15

In R v Walkington, what did the Court of Appeal conclude about the till area in a shop?

Answer 15

The till area was a separate part of the building which the defendant had entered as a trespasser.

Question 16

What must be proven to establish that a defendant entered a part of a building as a trespasser?

Answer 16

That the defendant entered a separate part of the building without permission.

Question 17

What is a key difference between burglary with intent (s 9(1)(a)) and burglary (s 9(1)(b))?

Answer 17

s 9(1)(a) focuses on the defendant’s intent, while s 9(1)(b) focuses on the defendant’s actions once inside.

Question 18

What is a possible legal consideration for a defendant using an innocent party to gain entry?

Answer 18

The jury may determine if the defendant has made an entry through the actions of the innocent party.

Question 19

What does the insertion of an instrument into a building signify in the context of burglary?

Answer 19

It can be considered an entry if used to commit an offence.

Question 20

What must a defendant establish to be convicted of burglary?

Answer 20

The defendant must enter a building or part of a building as a trespasser

This includes proving both actus reus and mens rea.

Question 21

What is the significant case that addresses entering a part of a building as a trespasser?

Answer 21

Walkington

This case established that areas marked by ropes or counters can be considered separate parts of a building.

Question 22

What is required to prove that a defendant is a trespasser?

Answer 22

The defendant entered without consent or permission and knew or was reckless as to this

This is essential for a burglary conviction.

Question 23

True or False: A person who breaks a window to gain access to a house is a trespasser.

Answer 23

True

This is a common scenario associated with burglary.

Question 24

What happens if someone enters a property with fraudulent permission?

Answer 24

They are considered a trespasser

This is supported by the case R v Boyle [1954].

Question 25

What must a person do if asked to leave a property?

Answer 25

Leave by the most direct route ## Footnote This implies a right to exit without further intrusion.

Question 26

What did the case R v Jones and Smith clarify about trespassing?

Answer 26

A defendant can be a trespasser if they enter for an unlawful purpose despite having permission to enter ## Footnote This establishes the importance of intent at the time of entry.

Question 27

Fill in the blank: For s 9(1)(a) burglary, the defendant must enter as a trespasser with the intention to _______.

Answer 27

[steal, cause criminal damage, or inflict grievous bodily harm]

Question 28

What is conditional intent in the context of burglary?

Answer 28

A defendant's intent to commit an offence is dependent on certain circumstances existing ## Footnote This can still establish mens rea for burglary.

Question 29

How does mens rea differ between s 9(1)(a) and s 9(1)(b) burglary?

Answer 29

For s 9(1)(a), intent must exist at the time of entry; for s 9(1)(b), intent can form after entry ## Footnote This distinction affects liability for burglary.

Question 30

What does the actus reus of s 9(1)(b) burglary include?

Answer 30

Entering as a trespasser and committing theft or grievous bodily harm ## Footnote The mens rea for theft or harm need not be present at the time of entry.

Question 31

What is an essential element of both actus reus and mens rea of burglary?

Answer 31

The defendant must enter as a trespasser ## Footnote Without establishing this, there can be no conviction for burglary.

Question 32

What happens if a defendant enters a building with the intention to commit an offence but does not do so?

Answer 32

They may still be liable under s 9(1)(a) if intent was present at entry ## Footnote The actual commission of the offence is not necessary for liability.

Question 33

What are the required elements to establish burglary under s 9(1)(a)?

Answer 33

* Enter as a trespasser * Intend to steal, inflict grievous bodily harm, or cause criminal damage at the time of entry ## Footnote The prosecution must prove both elements.

Question 34

What constitutes a trespasser in fact?

Answer 34

Someone who enters without permission and knows or is reckless about this ## Footnote This is crucial for establishing burglary.

Question 35

What is the implication of the case Attorney-General’s Reference (Nos 1 and 2 of 1979) regarding conditional intent?

Answer 35

Conditional intent to steal is sufficient for establishing mens rea in burglary ## Footnote This principle applies to other offences as well.

Question 36

What does the mens rea of trespass require for a charge of burglary?

Answer 36

The defendant must either know they were entering as a trespasser or be reckless as to this ## Footnote Accidental trespass does not satisfy this requirement.

Question 37

What must be proven for a conviction under s 9(1)(b) burglary?

Answer 37

The defendant must enter as a trespasser and commit or attempt theft or grievous bodily harm after entry ## Footnote This adds an additional layer of proof compared to s 9(1)(a).

Question 38

What is the definition of burglary under s 9(1)(a) of the Theft Act 1968?

Answer 38

Entering a building as a trespasser with intent to commit theft or another crime.

Question 39

What is the definition of burglary under s 9(1)(b) of the Theft Act 1968?

Answer 39

Entering a building as a trespasser and committing theft or another crime once inside.

Question 40

In the context of burglary, what does the term 'trespasser' refer to?

Answer 40

A person who enters a property without permission or exceeds the permission granted.

Question 41

True or False: Aamir was guilty of burglary under s 9(1)(a) when he entered Betty's garage.

Answer 41

False

Question 42

What was Aamir's intent when he entered the supermarket?

Answer 42

He had a conditional intent to steal brandy.

Question 43

What must be proven for aggravated burglary under s 10 of the Theft Act 1968?

Answer 43

The defendant must commit burglary and possess a weapon at the time.

Question 44

What constitutes a 'firearm' under s 10(1) of the Theft Act 1968?

Answer 44

Includes airguns or air pistols.

Question 45

Fill in the blank: A person is guilty of aggravated burglary if they commit any burglary and at the time have with them any _______.

Answer 45

[firearm, imitation firearm, weapon of offence, or explosive]

Question 46

What is the maximum sentence for aggravated burglary?

Answer 46

Life imprisonment.

Question 47

What types of items can be classified as a 'weapon of offence'?

Answer 47

Includes machetes, broken bottles, hammers, ropes, or handcuffs.

Question 48

True or False: A defendant must intend to use a weapon during the burglary to be guilty of aggravated burglary.

Answer 48

False

Question 49

In R v Stones [1989], why was the defendant convicted of aggravated burglary despite claiming the knife was for self-defence?

Answer 49

The court found that the intention not to use the knife was irrelevant.

Question 50

What does the term 'at the time' refer to in the context of possessing a weapon during burglary?

Answer 50

For s 9(1)(a), it refers to the time of entry; for s 9(1)(b), it is when the ulterior offence is committed.

Question 51

In R v Francis [1982], why were the defendants found not guilty of aggravated burglary?

Answer 51

They discarded the sticks before committing theft, failing to prove they had them at the time of intent.

Question 52

What was the outcome of R v O’Leary (1986) regarding aggravated burglary?

Answer 52

The defendant was guilty because he armed himself with a knife before committing theft.

Question 53

What must the prosecution establish before considering aggravated burglary under s 10(1) of the Theft Act 1968?

Answer 53

There must have been a burglary under s 9.