A-
Level
Law:
Crimi
nal
Law
(01)
Name:
Teacher:
, Burglar
y
Burglary is defined under section 9 of the Theft Act 1968. Under
S9, burglary can be committed in TWO different ways.
Under s9 (1)(a)……
“A person is guilty of burglary if he
enters any building or part of a
building as a trespasser with intent to
steal, inflict grievous bodily harm, or
commit unlawful damage to the
building or anything in it.”
Under S9(1)(b)……
Topic 5 :
“A person is guilty of burglary if,
having entered a building or part of a
building as a trespasser, he steals or
Property Offences
attempts to steal or inflicts or
attempts to inflict grievous bodily
harm on any person in the building.”
3) Burglary
Common elements that must be proven for both s9(1)(a) and s9(1)(b) are:
o Entry
o Of a building or part of a building
o As a trespasser
The difference between the sub-sections is the time at which intention is developed
around entry. For s9(1)(a) the D must intend to commit one of 3 ulterior offences at
the time he enters the building/part of a building. However, there is no need for
the ulterior offence to actually take place or even be attempted.
Level
Law:
Crimi
nal
Law
(01)
Name:
Teacher:
, Burglar
y
Burglary is defined under section 9 of the Theft Act 1968. Under
S9, burglary can be committed in TWO different ways.
Under s9 (1)(a)……
“A person is guilty of burglary if he
enters any building or part of a
building as a trespasser with intent to
steal, inflict grievous bodily harm, or
commit unlawful damage to the
building or anything in it.”
Under S9(1)(b)……
Topic 5 :
“A person is guilty of burglary if,
having entered a building or part of a
building as a trespasser, he steals or
Property Offences
attempts to steal or inflicts or
attempts to inflict grievous bodily
harm on any person in the building.”
3) Burglary
Common elements that must be proven for both s9(1)(a) and s9(1)(b) are:
o Entry
o Of a building or part of a building
o As a trespasser
The difference between the sub-sections is the time at which intention is developed
around entry. For s9(1)(a) the D must intend to commit one of 3 ulterior offences at
the time he enters the building/part of a building. However, there is no need for
the ulterior offence to actually take place or even be attempted.
