Burglary For A2 Law

BURGLARY

Introduction - how is burglary defined in criminal law?

Burglary replaced the old offence of breaking and entering. The theft Act (1968) has created two seperate offences for burglary and in many, if not most cases, D will commit both offences. However, if they are separate, they can be defined like this:

9 (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 grevous 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 grevious bodily harm and of doing unlawful damage to the building or anything therein.

4) references in subections 1 and 2 above to a building... shall also apply to an inhabited…