s. 10 Theft Act 1968 - Aggravated Burglary Flashcards
(10 cards)
Under s 10(1) TA 1968, aggravated burglary requires which additional element beyond a s 9 burglary?
A. Having with him at the time any firearm, imitation firearm, weapon of offence, or explosive
B. Use of force on any person in order to steal
C. Entry into a dwelling rather than any building
D. Theft of property worth over £5,000
A. Having with him at the time any firearm, imitation firearm, weapon of offence, or explosive
Explanation: Section 10(1) makes it aggravated burglary if, at the time of any burglary under s 9, D “has with him any firearm or imitation firearm, any weapon of offence, or any explosive”
D enters unarmed, then inside picks up a screwdriver and uses it to remove a cash tray before running off. Which s 10 limb applies and when?
A. s 10 for the entry (s 9(1)(a)), because he later had a weapon
B. No aggravated offence, because he was unarmed on entry
C. s 10 for the theft (s 9(1)(b)), since the article was with him at the moment of stealing
D. s 10 only if he intended to use the screwdriver as a weapon from entry
C. s 10 for the theft (s 9(1)(b)), since the article was with him at the moment of stealing
Explanation: For s 9(1)(b) aggravated burglary, D must have the article at the time of the theft or GBH—not necessarily on entry
Which of these correctly describes an “imitation firearm” under s 10(1)?
A. Only real guns painted to look fake
B. Anything having the appearance of a firearm, whether operable or not
C. Only water pistols designed to look like firearms
D. Only functional firearms adapted to look old
B. Anything having the appearance of a firearm, whether operable or not
Explanation: The Act defines an imitation firearm as anything which has the appearance of being a firearm, regardless of whether it can actually discharge a shot
D enters carrying a toy gun but hides it outside, then steals jewellery. Is this aggravated burglary?
A. Yes—possession on the premises suffices
B. Yes—any weapon intended for use counts
C. No—toy guns aren’t “weapons of offence”
D. No—he must have it with him at the moment of entry or theft
D. No—he must have it with him at the moment of entry or theft
Explanation: The article must be on or about D at the time of the entry (s 9(1)(a)) or the theft/GBH (s 9(1)(b)) to satisfy s 10
D brings a cricket bat into a house intending only to break windows. Inside, he instead waves it at V to steal keys. Is this aggravated burglary?
A. Yes—an article intended to be used to injure counts as a weapon of offence
B. No—a bat is never a weapon of offence unless sharpened
C. No—his original intent was to damage, not attack
D. Yes—but only if he struck V with it
A. Yes—an article intended to be used to injure counts as a weapon of offence
Explanation: “Weapon of offence” includes any article which D intends to use to injure or incapacitate at the relevant moment
Which statement is NOT true regarding “explosive” under s 10(1)(c)?
A. It includes anything manufactured to explode.
B. It includes only articles actually capable of explosion; intent alone is insufficient.
C. It also includes anything which D intends to explode.
D. Fireworks qualify if intended to detonate during the offence.
B. It includes only articles actually capable of explosion; intent alone is insufficient.
Explanation: The Act covers articles manufactured to explode or which D intends to explode, regardless of actual capability
What did R v O’Leary [1986] establish about weapons in aggravated burglary?
A. The weapon must be used to inflict injury to count
B. A screwdriver is never a weapon of offence
C. The weapon must be on D’s person from entry through the offence
D. Only firearms qualify under s 10(1)(a)
C. The weapon must be on D’s person from entry through the offence
Explanation: O’Leary confirmed that for both s 9(1)(a) and (b), D must have the article with him throughout the relevant act—entry or theft—and not pick it up after completion
What is the maximum sentence for aggravated burglary on conviction on indictment?
A. 10 years’ imprisonment
B. 14 years’ imprisonment
C. 7 years’ imprisonment
D. Life imprisonment
D. Life imprisonment
Explanation: Section 10(2) provides that aggravated burglary is punishable on indictment “by imprisonment for life”
Under s 57 of the Firearms Act 1968 (referenced by s 10 TA 1968), a “firearm” is:
A. Only a weapon that discharges a bullet by explosive force
B. Any lethal weapon regardless of discharge mechanism
C. Any barreled weapon from which a shot may be discharged by the energy of an explosive
D. Only handguns and rifles
C. Any barreled weapon from which a shot may be discharged by the energy of an explosive
Explanation: Firearms Act 1968 defines “firearm” as a barreled weapon of any description from which any shot, bullet or other missile can be discharged by the energy of an explosive. This includes airguns and air pistols under the TA 1968 regime
Which statement best contrasts basic burglary (s 9) and aggravated burglary (s 10) under the s 9(1)(b) limb?
A. Basic burglary only requires trespass + theft/GBH, whereas aggravated adds the requirement to have the specified article at the very moment of that theft/GBH.
B. Basic burglary requires intent at entry; aggravated requires intent at exit.
C. Basic burglary carries a higher maximum penalty than aggravated burglary.
D. Aggravated burglary under s 9(1)(b) can occur even if no theft or GBH takes place.
A. Basic burglary only requires trespass + theft/GBH, whereas aggravated adds the requirement to have the specified article at the very moment of that theft/GBH.
Explanation: Under s 9(1)(b), basic burglary is entry as a trespasser plus theft/GBH. Aggravated burglary under s 10 requires, in addition, that D has the weapon or explosive “with him” precisely at the moment of that theft or GBH
