Theft and Burglary Law (NI) 1969

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Questions and Answers

What distinguishes section 9(1)(a) from section 9(1)(b) regarding burglary?

9(1)(a) requires actual committing of an offence.

9(1)(a) requires intent to commit one of three offences. (correct)

9(1)(b) only concerns theft and not grievous bodily harm.

9(1)(b) requires intention to commit an offence.

What qualifies as 'effective entry' in the context of burglary?

Using tools to break windows automatically counts as entry.

Pushing objects through openings is not considered entry.

Only complete bodily entry is considered effective.

Partial entry, such as inserting a hand, can also count. (correct)

Which action would NOT constitute burglary according to the content?

Inserting a hand to steal from a shop window.

Pushing a coat hanger through a window to unlock it. (correct)

Using a coat hanger to hook clothing inside a shop.

Breaking a window and entering completely.

What is one of the requisite elements to prove burglary has taken place?

Intent to commit one of the listed offences must be established. Signup and view all the answers

Which of the following is an example of 'entry' in the context of burglary?

Climbing through a window. Signup and view all the answers

What does section 9(1)(b) specifically require?

Actual commission or attempted commission of an offence. Signup and view all the answers

What type of damage is associated with one of the listed offences for burglary?

Grievous bodily harm to any person. Signup and view all the answers

If Hull inserts a hand through a broken window intending to steal, what does this signify?

Hull has committed attempted burglary. Signup and view all the answers

What is classified as a 'volume crime' that police officers are likely to encounter?

Theft Signup and view all the answers

According to Section 1 of the Theft Act (NI) 1969, what constitutes theft?

Dishonestly appropriating property belonging to another permanently Signup and view all the answers

Which of the following is NOT specifically mentioned as a type of theft?

Fraud Signup and view all the answers

What distinguishes robbery from other forms of theft?

It involves violence or the threat of violence Signup and view all the answers

What is a critical factor that makes a burglary more serious?

Entering premises without a right to be there Signup and view all the answers

What type of theft is particularly related to entering a building?

Burglary Signup and view all the answers

What is the primary legislative source for understanding theft in Northern Ireland?

The Theft Act (NI) 1969 Signup and view all the answers

Which of the following describes 'theft' in the context of crime?

The act of dishonestly taking someone else's property with no intention of returning it Signup and view all the answers

What was the primary legal question in R v B and S Leathley (1979)?

Whether the freezer container constituted a building Signup and view all the answers

Which factor did NOT contribute to the court's decision that the container was a building?

It was made of metal Signup and view all the answers

What does the concept of 'trespasser' mean in the context of the content provided?

A person present without consent of someone authorized Signup and view all the answers

In the case of R v Walkington (1979), why did the tenant become a trespasser?

He attempted to enter another tenant’s flat without permission Signup and view all the answers

What characteristic of the freezer container was emphasized to support its classification as a building?

It had locks on its doors Signup and view all the answers

What does it imply when one has permission to be in part of a building but not in another, as demonstrated in the examples?

There are limitations to access based on consent Signup and view all the answers

Which of the following is an example of a situation involving trespassing, as stated in the content?

A person entering a restricted area of a store without permission Signup and view all the answers

What was the defense's argument regarding the freezer container in R v B and S Leathley?

That it should not be classified as a building Signup and view all the answers

What defines a person as a trespasser in the context of gaining consent to enter premises?

Gaining entry through deception Signup and view all the answers

In the case of Bingham entering the office marked 'Private Staff Only', what constitutes the act of burglary?

Entering the office intentionally with no consent Signup and view all the answers

What must be proven to sustain a charge of burglary regarding the entry?

That the person intended to steal at the time of entry Signup and view all the answers

What does 'mens rea' refer to in the context of burglary?

The guilty mind or intent to commit a crime Signup and view all the answers

Which of the following intentions is NOT relevant under Section 9(1)(a) for committing burglary?

Intent to sustain a business loss Signup and view all the answers

Why must there be an intention at the time of entry to sustain a burglary charge?

To link the act to an intended crime Signup and view all the answers

Which offense directly correlates with intent to inflict grievous bodily harm in the context of burglary?

Section 18 of the Offences against the Persons Act 1861 Signup and view all the answers

If a person has permission to be in one part of a building, what does this imply concerning other areas?

They still may be a trespasser in other areas Signup and view all the answers

What does Section 9(1)(b) state about burglary?

A person is guilty if they entered as a trespasser and stole or attempted to steal. Signup and view all the answers

Which of the following scenarios would NOT constitute burglary under Section 9(1)(b)?

Legally entering a store and later hiding to steal after hours. Signup and view all the answers

What is an incorrect assumption regarding criminal damage in relation to burglary under Section 9(1)(b)?

Criminal damage can be considered as theft under the Act. Signup and view all the answers

Which act does NOT have to be proven for someone to be guilty of burglary under Section 9(1)(b)?

Value of the items within the building. Signup and view all the answers

In the context of burglary, what defines a person as a trespasser?

Exceeding permission granted in a specific part of the building. Signup and view all the answers

What is the effect of a defendant causing damage after entering a building as a trespasser?

It constitutes an independent offence separate from burglary. Signup and view all the answers

Which behavior does NOT classify under the sequel acts of burglary when entered as a trespasser?

Leaving the building after entering unlawfully. Signup and view all the answers

What is implied about a person's intent when they cause harm after entering a building unlawfully?

There is implied intent to inflict grievous bodily harm. Signup and view all the answers

Study Notes

Theft

Theft is common, the Theft Act (NI) 1969 outlines the legislation
Theft inclides shoplifting, stealing from friends, strangers or employers
Robbery is theft from a person with violence or the threat of violence
Burglary is theft or the intention of theft from a building

Burglary

Burglary is an offence against property or persons.
If a person enters a building without authorization to commit an offence, it classifies as burglary.
Burglary is a common offence, and police officers encounter it early in their career.
Section 9(1)(a) of Theft (NI) Act 1969 defines burglary as entering a building with the intent to steal, inflict grievous bodily harm, or cause unlawful damage.
Section 9(1)(b) of Theft (NI) Act 1969 defines burglary as entering a building as a trespasser, and then stealing, attempting to steal, inflicting, or attempting to inflict grievous bodily harm.
Entering a building includes inserting one’s hand through a broken window with the intent to steal, or entering with a tool with the intent to damage or steal.
An innocent agent or tool can be used to enter a building for the purpose of stealing or damaging, it qualifies as an entry.
Entering a building for the purpose of intimidating or for the use of a tool to gain entry is not considered an entry.
Burglary charges depend on the proof of the entry and the guilty mind (mens rea) of the defendant.
It is not necessary for the property that the defendant intends to steal be in the building for it to be considered burglary.
It is not necessary for the individual the defendant intends to inflict harm on to be in the building for it to be considered burglary.
If an individual enters a building lawfully, but later moves to another part of the building as a trespasser, it is also considered burglary.
Criminal damage on its own is not considered burglary.

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Description

Explore the key elements of theft and burglary as outlined in the Theft Act (NI) 1969. Understand the definitions, common offenses, and legal distinctions between theft, robbery, and burglary. This quiz will test your knowledge of these important legal concepts.