Criminal: Aggravated Burglary Flashcards
(18 cards)
What is the definition of aggravated burglary under section 10 Theft Act 1968?
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.
What does ‘firearm’ include according to the Theft Act 1968?
An airgun or airpistol.
What is defined as an ‘imitation firearm’ under the Theft Act 1968?
Anything which has the appearance of being a firearm, whether capable of being discharged or not.
What constitutes a ‘weapon of offence’?
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.
How is ‘explosive’ defined under the Theft Act 1968?
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.
What is the maximum sentence for aggravated burglary as per section 10(2) of the Theft Act 1968?
Life imprisonment.
What are the maximum sentences for burglary under section 9(3) of the Theft Act 1968?
- 14 years for a dwelling
- 10 years for any other case.
Why is aggravated burglary considered more serious than standard burglary?
Burglary when in possession of a firearm, weapon of offence, or explosive is deemed so serious to warrant a maximum of life imprisonment due to its potential to frighten victims and lead to fatal consequences.
In R v Stones [1989], what was the key legal principle established regarding the intended use of a weapon?
The intended use does not have to be with respect to the particular burglary.
What determined if the screwdriver was a weapon of offence in R v Kelly [1993]?
The screwdriver became a weapon of offence when K intended to use it for causing injury to any person.
When must the defendant possess the offensive article to be guilty of aggravated burglary?
At the time they commit the relevant burglary.
What was the outcome of R v O’Leary [1986] regarding the timing of possessing a weapon?
The Court held that the weapon must be possessed at the time of actual theft.
What was the ruling in R v Francis [1982] concerning the intention to steal?
Their convictions for aggravated burglary were quashed due to lack of intent to steal at the point of entry.
What did the Court conclude in R v Klass [1998] about the entry with a weapon?
K was convicted of aggravated burglary despite not entering with a weapon, as there was no evidence of entry with a weapon.
What must be established for aggravated burglary under section 10 Theft Act 1968?
- A burglary under section 9(1)(a) or (b) must have occurred
- The defendant must have a specified article with them during the burglary.
What are the articles specified in section 10(1)(a-c) that can lead to aggravated burglary?
- Firearms or imitation firearms
- Weapon of offence
- Explosives.
For a section 9(1)(a) offence, when must the article be present?
When entering the building.
For a section 9(1)(b) offence, when must the article be present?
When committing the theft or grievous bodily harm.
