Criminal Defence
Burglary Offences
Examples of Burglary include:
Dwelling burglary – a building where people live for example a house or a flat
Non-dwelling burglary – a non residential property, a business or other structure not used to live in for example a shop, a warehouse, a garden shed.
Section 9 of the Theft Act 1968 creates the offence of burglary and s 10 aggravated burglary.
Section 9 — Theft Act 1968
Burglary
Offences
(1) 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. (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or of doing unlawful damage to the building or anything therein.
Theft Act 1968, s 9
Points to Prove
- ✓ entered a building/part of a building
- ✓ as a trespasser
- ✓ with intent to:
- ✓ to steal property therein/inflict grievous bodily harm on person therein/do unlawful damage to the building or anything therein
OR
- ✓ having entered a building/part of a building
- ✓ as a trespasser
- ✓ stole or attempted to steal anything therein/inflicted or attempted to inflict grievous bodily harm on any person therein
Meanings
Meaning of “Building”
‘Building’ includes an outhouse, a shed, an inhabited vehicle, or a vessel—regardless of whether the person is inside at the time.
Allocation and Punishment
Maximum punishment if dealt with in the Magistrates Court 6/12 months’ imprisonment and/or a fine
Maximum punishment in the Crown Court10 years’ imprisonment (dwelling—14 years’ imprisonment)
Section 10 — Theft Act 1968
Aggravated Burglary
Section 10 of the Theft Act 1968 creates the offence of aggravated burglary.
Offences
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. Theft Act 1968, s 10
Points to Prove
- ✓ committed burglary
- ✓ had with them at the time
- ✓ a firearm/imitation firearm/weapon of offence/explosive
Note – includes an air gun or air pistol
Key Definitions
What is a firearm?
(a) a lethal barrelled weapon;
(b) a prohibited weapon;
(c) a relevant component part in relation to a lethal barrelled weapon or prohibited weapon;
(d) an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash by firing the weapon.
(a)Lethal barrelled weapon
Means a barrelled weapon of any description from which a shot, bullet, or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.
Shot, bullet, or other missile
These terms are not defined and should be given their natural meaning:
- ▸ ‘shot’ usually means round pellets;
- ▸ ‘bullet’ is normally discharged from a weapon with a rifled barrel;
- ▸ ‘missile’ is a more general term—darts and pellets have been held to be missiles.
(b)Prohibited weapons and ammunition
require an authority from the Secretary of State and the descriptions of such weapons are listed under s 5. The list includes weapons such as: machine guns; self-loading or pump-action rifled guns (other than a 0.22 rifle); rocket launchers; air weapons with self-contained gas cartridge system; grenades; any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas, or other thing, such as CS spray, stun guns, and conducted energy devices (CED).
(c)Component part
Each of the following items is a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon as defined in s 57(1D) but only where the item is capable of being used as part of a lethal barrelled weapon or a prohibited weapon, including:
(a) a barrel, chamber, or cylinder; (b) a frame, body, or receiver; (c) a breech block, bolt, or other mechanism for containing the pressure of discharge at the rear of a chamber.
(d)Accessory
This is given its natural meaning and includes such accessories as a silencer or flash eliminator.
What is an imitation firearm?
Anything which has the appearance of being a firearm, whether capable of being discharged or not.
What is an offensive weapon?
Any article made or adapted for use for causing injury to or incapacitating a person or intended by the person having it with them for such use.
What is an explosive?
Any article manufactured for the purpose of producing a practical effect by explosion or intended by the person having it with them for that purpose.
Allocation and Punishment
Can only be dealt with in the Crown Court – life imprisonment
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