Burglary And Aggravated Burglary Flashcards
Define Section 9 (1) (a) Theft Act 1968
A person is guilty of burglary if he enters a building or part of a building as a trespasser with intent to:
Steal anything therein OR Inflict grievous bodily harm on any person therein OR Damage any property therein
What does ‘enters’ mean?
The accused has crossed a boundary.
Entry must be deliberate and not accidental.
It is not necessary for the whole body to have entered.
Can include an instrument as long as that is to commit one of the relevant offence and not just facilitate entry.
R V BROWN
What is a building?
It is not defined under the theft act.
Defined in case law as ‘a structure of considerable size and intended to be permanent or at least endure considerable time’
What does ‘part of a building mean’?
Adjoining bedsits in the same house
Staffrooms
Behind the till of a shop
Behind the bar at a pub
Behind a cordoned off area in a gallery or museum
What is a trespasser?
They are a trespasser if they KNOW or are RECKLESS that they have crossed a boundary without either: CONSENT to do so or RIGHT BY LAW to do so
Define Section 9 (1) (b) theft act 1968
A person is guilty of a burglary if having entered a building or part of a building as a trespasser he goes on to: steal or attempt to steal anything therein OR inflict or attempt to inflict grievous bodily harm on any person therein
Define section 10 theft act 1968
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him:
Weapon of offence OR any Imitation firearm OR any Firearm OR any Explosive
Define a weapon of offence
A weapon of offence is any article made or adapted for causing injury to, incapacitating a person or intended by the person having it with him for such use
