Topic 7 - Property offences - Burglary

Question 1

What is the definition of burglary under the Theft Act 1968?

Answer 1

A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to commit an offence or having entered as a trespasser he steals or attempts to steal or inflicts or attempts to inflict grievous bodily harm.

Question 2

What must the defendant do to be guilty of a section 9(1)(a) burglary?

Answer 2

Enter as a trespasser and have the intention to commit one of the following offences:
* Steal
* Inflict grievous bodily harm
* Unlawfully damage property.

Question 3

At what point is a section 9(1)(a) burglary committed?

Answer 3

At the point of entry as a trespasser with the intention to commit the ulterior offence.

Question 4

What are the actus reus elements required to establish a section 9(1)(a) burglary?

Answer 4

The defendant must:
* Enter
* A building or part of a building
* As a trespasser.

Question 5

What does ‘entry’ mean in the context of burglary?

Answer 5

Entry is satisfied when any part of a person’s body enters a building or part of a building.

Question 6

What is included in the definition of ‘building’ under section 9 of the Theft Act 1968?

Answer 6

An inhabited vehicle or vessel.

Question 7

In the case of B and S v Leathley, what was determined about a freezer container?

Answer 7

It was held to be a building.

Question 8

What must be proven for entry as a trespasser under burglary law?

Answer 8

Entry must be without consent or in excess of authority.

Question 9

What does the case R v Collins illustrate about trespassing?

Answer 9

Entry into a building is a trespass where the building is in the possession of another who does not consent to the entry.

Question 10

What constitutes mens rea for a section 9(1)(a) burglary?

Answer 10

Knowing or being reckless as to entry as a trespasser and intending to commit an ulterior offence at the time of entry.

Question 11

What is conditional intent in the context of burglary?

Answer 11

An intention to steal only if the defendant finds something worth stealing, which counts as intent.

Question 12

What must the prosecution establish for a section 9(1)(b) burglary?

Answer 12

The defendant must:
* Enter a building as a trespasser
* Commit or attempt to commit theft or inflict grievous bodily harm.

Question 13

When is a section 9(1)(b) burglary committed?

Answer 13

Once inside the building or part of the building, having entered as a trespasser.

Question 14

What is aggravated burglary under the Theft Act 1968?

Answer 14

A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm, imitation firearm, weapon of offence, or any explosive.

Question 15

What does ‘weapon of offence’ mean in the context of aggravated burglary?

Answer 15

Any article made or adapted for use for causing injury to or incapacitating a person.

Question 16

What is the maximum sentence for burglary committed in a dwelling under the Theft Act 1968?

Answer 16

Fourteen years.

Question 17

What is the maximum sentence for burglary not committed in a dwelling under the Theft Act 1968?

Answer 17

Ten years.

Question 18

What does ‘grievous bodily harm’ refer to in the context of burglary?

Answer 18

A level of harm rather than a specific offence.

Question 19

What does ‘firearm’ include?

Answer 19

An airgun or airpistol

‘Firearm’ is defined broadly to encompass any device that can discharge a projectile.

Question 20

What is an ‘imitation firearm’?

Answer 20

Anything which has the appearance of being a firearm, whether capable of being discharged or not

This includes replicas or toys that resemble real firearms.

Question 21

Define ‘weapon of offence’.

Answer 21

Any article made or adapted for use for causing injury to or incapacitating a person, or intended for such use by the person having it

This definition is critical in legal contexts concerning violent crimes.

Question 22

What is the definition of ‘explosive’?

Answer 22

Any article manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by the person having it

This includes materials like dynamite or fireworks.

Question 23

What is the maximum sentence for burglary in a dwelling?

Answer 23

14 years

This is specified in s 9(3) of the Theft Act 1968.

Question 24

What is the maximum sentence for aggravated burglary?

Answer 24

Life imprisonment

This is established in s 10(2) of the Theft Act 1968.

Question 25

Why is aggravated burglary considered so serious?

Answer 25

It can be very frightening to anyone in the building and could potentially lead to fatal consequences ## Footnote This reasoning was provided by the Criminal Law Revision Committee.

Question 26

What constitutes a ‘weapon of offence’ according to section 10(1)(b)?

Answer 26

Any article made or adapted for causing injury, or possessed with the intention to cause injury ## Footnote This broad interpretation allows various objects to be classified as weapons.

Question 27

In R v Stones, what was the court's ruling regarding intended use?

Answer 27

The intended use does not need to be proven with respect to the particular burglary ## Footnote This case clarified the interpretation of intent in the context of possession.

Question 28

What was the outcome of R v Kelly concerning the screwdriver?

Answer 28

His appeal against conviction for aggravated burglary was dismissed ## Footnote The court determined the screwdriver became a weapon of offence when he intended to use it for causing injury.

Question 29

When must the defendant have the offending article in cases of aggravated burglary?

Answer 29

At the time they commit the relevant burglary ## Footnote This is crucial for establishing guilt in aggravated burglary cases.

Question 30

In R v O'Leary, why was the defendant still guilty despite being unarmed upon entry?

Answer 30

He picked up a knife after entering and committed theft ## Footnote The court ruled that he needed the weapon at the time of theft, not at entry.

Question 31

What was the ruling in R v Francis regarding the entry with weapons?

Answer 31

Their convictions for aggravated burglary were quashed because they did not intend to steal at the point of entry ## Footnote This case emphasizes the importance of intent at the time of entry.

Question 32

What was the outcome of R v Klass concerning the entry with a weapon?

Answer 32

The appeal was allowed because there was no entry into the building with a weapon ## Footnote This case highlights the requirement for a weapon to be present at the time of entry for aggravated burglary.