Burglary

• What is the definition of burglary according to s9 Theft Act 1968?


  Burglary is defined as entering a building or part of a building as a trespasser with intent to commit theft, inflict GBH, or cause unlawful damage.
• What is the maximum sentence for burglary when entering a dwelling?


  14 years
• What is the maximum sentence for burglary when entering other buildings?


  10 years
• What is the maximum sentence for aggravated burglary?


  Life imprisonment
• How can burglary be committed according to s9 Theft Act 1968?


  Burglary can be committed by entering as a trespasser with intent to commit theft, inflict GBH, or cause unlawful damage, or by stealing or attempting to steal after entering as a trespasser.
• What is the difference between s9(1)(a) and s9(1)(b) in burglary?


  Under s9(1)(a), the intention to commit theft or GBH must exist at the time of entry, while under s9(1)(b), the intention is irrelevant as long as theft or GBH is committed or attempted after entry.
• What does the case of Collins (1972) illustrate about effective entry in burglary?


  It illustrates that there must be an effective and substantial entry as a trespasser for a burglary conviction.
• What was the outcome of the Brown (1985) case regarding effective entry?


  The conviction was upheld because only an effective entry is required, not necessarily a substantial one.
• What did the Ryan (1996) case determine about the jury's role in burglary cases?


  The jury must decide whether there was entry based on the facts of the case.
• What types of structures can be considered a building in burglary cases?


  Buildings can include houses, flats, offices, factories, caravans, and sheds.
• What was determined in Norfolk Constabulary v Seekings and Gould (1986) regarding lorry trailers?


  Lorry trailers with wheels are considered vehicles and not buildings.
• What was determined in B & S v Leathley (1979) regarding a lorry trailer without wheels?


  The lorry trailer was considered a building because it had no wheels and was placed on sleepers for two years.
• What does the case of Walkington (1979) illustrate about being a trespasser in a building?


  It illustrates that a person can be a trespasser if they have permission to be in one part of a building but exceed that permission in another part.
• What must be shown for a defendant to be considered a trespasser according to R v Smith and Jones (1976)?


  It must be shown that the defendant was aware they were trespassing or that they were subjectively reckless about it.
• What are the two elements that constitute being a trespasser in burglary?


  A defendant must know they are a trespasser or be subjectively reckless about whether they are trespassing, and they must have the intention to commit one of the ulterior offences.
• What are the key questions regarding burglary under s9(1)(a) and s9(1)(b)?


  What is burglary under s9(1)(a)? What is burglary under s9(1)(b)? What are the main differences between the two offences? What is the maximum sentence for burglary?
• How do burglary, theft, and robbery differ?

  • Burglary: Entering a building as a trespasser with intent to commit theft or GBH.
  • Theft: Taking someone else's property without permission.
  • Robbery: Taking property from a person using force or threat of force.
• What should you do if someone takes something from a shop during opening hours?

  • Determine if it was theft (taking without permission).
  • Assess if it could be classified as burglary (if entry was as a trespasser).
• What activities can help consolidate knowledge of property offences?


  • Complete a consolidation table for property offences.
  • Engage in scenario tasks to test knowledge.
  • Create key cases Kahoot for property offences.