Start by writing down the burglary legislation – as much as you know of s.9. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly. Don’t worry about the aggravated offence, we will cover s.10 later.
Burglary lesson video
Knowledge check
Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.
A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.
Comparison
Here we highlight the difference between the two sub-sections of the section 9 offence. Notice how in s.9(1)(a) we are concerned with intent and in s.9(1)(b) we are concerned with behaviour. Unlawful damage only applies to s.9(1)(a) and attempts only apply to s.9(1)(b).
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Applying understanding
Next we will test your understanding of the legislation. Look at the following examples and decide which are burglaries. Each questions carries on from the previous one.
Quick review
Review the core parts of burglary with these flash cards.
AGGRAVATED BURGLARY
Knowledge test
Start by writing down the aggravated burglary legislation – as much as you know of s.10. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.
Aggravated burglary lesson video
Knowledge check
Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.
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; and for this purpose—
(a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and
(b) “weapon of offence” means 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; and
(c) “explosive” means 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.
Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.
Applying understanding
Next we will test your understanding of the legislation. Look at the following examples and decide which are aggravated burglaries. Each questions is independent from the previous one.
Quick review
Review the core parts of aggravated burglary with these flash cards.
Summary
Burglary
Buildings include inhabited vehicles or vessels even when unoccupied. Entry need only be effective and deliberate, it does not require your entire body to enter the building, and insertion of an instrument (to enable the offence of burglary to take place) is considered entry.
A trespasser is someone who enters another persons property unlawfully. The defendant must have been a trespasser when they entered the building or part of the building or have been reckless to the fact. This includes where a person moves from a part of a building where they have permission to be to another part where they do not, or enters a part of the building that is clearly out of bounds (even without physical separation). But this does not include where someone who becomes a trespasser by exceeding a condition of entry.
s.9(1)(a) is about entering with intent to steal, inflict GBH or cause unlawful damage regardless of their ultimate behaviour. s.9(1)(b) is concerned with their behaviour – stealing, inflicting GBH or attempting either.
Remember the rule of doors. Every time the defendant walks through a door we ask ourselves “Is he entering as a trespasser?”, if he is, we then ask ourselves, “does he enter with intent to steal, inflict GBH or unlawful damage?”. If he enters as a trespasser, but doesn’t enter with intent, we then ask ourselves “does he go on to steal, attempt to steal, inflict GBH or attempt GBH?”
Aggravated burglary
The articles this legislation are concerned with are:
Weapon of offence
Imitation firearm
Firearm
Explosive
A weapon of offence means “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.”An imitation firearm simply has to have the the appearance of a firearm.Firearms include airguns and air pistols.Explosive means “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.”
The WIFE must be with the person at the time of the burglary. If a s.9(1)(a) burglary is committed, then the WIFE must be with him when he entered the building or part of the building as a trespasser with intent to steal, inflict GBH or cause unlawful damage.In a s.9(1)(b) burglary, having entered a building or part of a building as a trespasser, the offence is committed when he has a WIFE with him as he steals (or attempts to steal), or inflicts GBH (or attempts to inflict GBH).
The WIFE must be “with him” and this can mean the defendant was carrying the offensive weapon or has it in his immediate control.
And finally, there must be knowledge of the WIFE or the intention to use an article offensively.
What next…?
Before completing the 20 questions below and rather than review the topic of burglary any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.
Suggested topics –
Weapons
Firearms
Blackmail
Robbery
Return to burglary at a later date and write out both s.9 and s.10 offences (before reading anything else), then check them against the legislation above. Any areas of weakness need to be returned to after a further break. Remember to keep extended the gap between reviewing work. Spaced repetition is the key.
20 questions
Now you have returned to burglary after studying other topics, take the quiz to see how much information you have retained.
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Quiz Summary
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Smith, who has had too much to drink, makes his way to the pub loo at 8pm, where he is overtaken by the effects of gravity, and he falls asleep in a cubicle. He wakes at 2.40 am and steals a large vase from the loo window. He then makes his way into the bar to see what he can steal. He passes through the bar and into the lounge where he pockets an ashtray. He changes his mind and replaces the ashtray. He then goes through a door and finds himself in the private quarters and hurries out as he has woken the landlord up. He finds a bike in the rear porch and makes off with the bike. At what point, if any, is a Section 9 (1)(a) burglary completed?
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Question 2 of 20
2. Question
Jones is walking along the canal bank and approaches a house boat. The owners, who ordinarily live on board are on holiday in France. He enters the boat to see what he can steal and makes off with a small Tv set. Is he guilty of a Section 9[1][a] burglary?
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Question 3 of 20
3. Question
Smith goes into the supermarket as the store is closing and hides in a dark corner of the store. The store closes and he helps himself to a case of whisky and makes off. Is he guilty of Burglary?
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Question 4 of 20
4. Question
Davis is out at night and is freezing. He breaks into a house and puts on the electric fire and thaws himself out for an hour or two. He leaves when it gets light. Is he guilty of burglary?
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Question 5 of 20
5. Question
Davis returns to the house he broke into and takes the car from the garage, he drives around town showing his mates his new wheels. He runs out of petrol and abandons the vehicle. Is he guilty of burglary?
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Question 6 of 20
6. Question
Smith enters the “staff only” door of a supermarket. He enters a small office and makes his way into the main office. Whilst in the office he steals a laptop. Before leaving through the back door he is challenged by a member of staff whom he assaults causing GBH. He then makes off. At what point, if any, is a Section 9[1][a] burglary offence committed?
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Question 7 of 20
7. Question
Brown and Green break into a church at night. They enter the sacraments room to see if there is anything worth stealing. Green at once pockets a chalice, but is challenged by Brown who says, you can’t nick that, it’s not right, it’s church stuff. They leave the chalice behind. They leave the room and steal money from the poor box. At what point. if any, do the commit a section 9[1][a] burglary?
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Question 8 of 20
8. Question
mith and Jones, who are both armed with flick knives, are making their way along the canal bank when they see a narrow boat tied up at the bank. The owners are on holiday in Germany. They pop their heads through an open window to see if there’s anything worth stealing. They are interrupted by some walkers and run off. What offence, if any, is committed?
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Question 9 of 20
9. Question
Green falls asleep amongst stacked boxes in a shop. He wakes up after the shop has closed. He tries to make his way out but all doors are locked. He steals some cheap jewellery, then makes his way into the back room to try to get out, again, the door is locked which he damages trying to escape. He goes into the staff room to see if there is anything worth stealing but it is empty. He then goes into the toilet, smashes a window and escapes. At what point is a Section 9 [1][a] burglary committed?
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Question 10 of 20
10. Question
Mark enters a shop and notices the assistant disappearing into a staff room. He goes behind the counter intending to steal lottery tickets when he hears the assistant return. He resumes his place in front of the counter, buys cigarettes and leaves. Has Mark committed an offence?
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Question 11 of 20
11. Question
Norris enters a supermarket and walks through a door marked 'staff only'. He uses a store 'phone to talk to a friend. He takes a pedal cycle intending to cycle home on it and then abandon it, but notices that it has a puncture, so changes his mind. At what point, if any, does he commit burglary?
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Question 12 of 20
12. Question
Smithy goes into a caravan park and enters no 12, an uninhabited caravan containing caravan supplies for residents. He nicks some tools, then moves to the inhabited caravans. He rightly guesses that no 17 is presently empty. He enters to see what he can steal, but finds nothing worth stealing. He then enters no 22 to see if that caravan has more hope, sure enough he nicks a purse then runs off. At what point does Smithy commit a section 9(1)(a) burglary?
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Question 13 of 20
13. Question
Keith pushes a pole through a shop letterbox interning to steal, and manages to hook a shirt. He cannot get the shirt through the letterbox. He is disturbed and makes off. Has a Theft Act offence been committed?
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Question 14 of 20
14. Question
Burglary. What does a building not include?
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Question 15 of 20
15. Question
Davies takes a magnetic pole out which he uses to enter houses and steal electrical goods, without entering himself. What offence is committed when he uses it?
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Question 16 of 20
16. Question
Jones lives on a houseboat. He spends each winter in Spain. Whilst away, his boat is entered and goods stolen. Is this burglary?
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Question 17 of 20
17. Question
Jones breaks into a house and has with him a large Jemmy which he intends to use to open the locked front door. In doing so, he causes considerable damage. He is discovered by the householder whom he threatens with the Jemmy in order to effect an escape. Whilst he escapes, he bashes the owners small dog on the head, resulting in serious injury. What offence is this?
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Question 18 of 20
18. Question
Brian is in possession of a flick knife when he breaks into a canal boat at night. The occupant is asleep. He then looks about to see what he can steal. He finds a wallet which he tries to put in his bag, but in the dark, he stumbles over the cat, drops the wallet, and disturbs the occupant who wakes up. Brian runs off leaving the wallet behind. He takes nothing with him and no one is injured. What offence is this?
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Question 19 of 20
19. Question
Roy is in the local library returning books when he notices that the 'Staff only' door is not quite shut. He enters to have a look around. The room is empty. He opens a handbag he finds under a desk, at which point he is disturbed by the manager. A tussle ensues. Roy picks up a heavy metal bracket and swipes at the manager intending to smash his head in. The manager ducks and overpowers Brian. The police are called and Brian is arrested. What offence is this?
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Question 20 of 20
20. Question
Charlie goes into a pub. After too many drinks he goes to the loo, where he falls asleep. An hour after closing time, he is woken by the licensee who drags him into the pub. They begin to fight resulting in Charlie inflicting ABH on the landlord. On the way out, Charlie picks up an axe and smashes the door lock to effect an escape. Which of the following is committed?
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