Burglary with intent under section 9(1)(a)

Overview

Maximum sentence for burglary of a dwelling and aggravated burglary.

What you need to know

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Questions from this subtopic

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1. 1

   Which provision creates the offence of burglary?

   Model answer

   Section 9 of the Theft Act 1968 creates the offence of burglary. The section contains two separate forms of the offence.

2. 2

   State the elements of burglary under section 9(1)(a).

   Model answer

   The defendant must enter a building or part of a building as a trespasser. The defendant must have the intention at the moment of entry to steal, to inflict grievous bodily harm or to cause unlawful damage.

3. 3

   At what moment must the ulterior intent exist under section 9(1)(a)?

   Model answer

   The intent must exist at the moment of entry. An intention formed after entry falls outside section 9(1)(a).

4. 4

   Must the defendant actually steal to be guilty under section 9(1)(a)?

   Model answer

   The defendant need commit no theft at all under section 9(1)(a). Entry as a trespasser with the necessary intention completes the offence.

5. 5

   Name the three ulterior offences within section 9(1)(a).

   Model answer

   The three ulterior offences are theft, the infliction of grievous bodily harm and unlawful damage to the building or its contents. Each must be intended at the time of entry.

6. 6

   Was rape ever an ulterior offence within section 9(1)(a)?

   Model answer

   Rape was originally listed as an ulterior offence in section 9(1)(a). The Sexual Offences Act 2003 removed it and created a separate offence of trespass with intent to commit a sexual offence.

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