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Questions and Answers
What distinguishes section 9(1)(a) from section 9(1)(b) regarding burglary?
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?
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?
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?
What is one of the requisite elements to prove burglary has taken place?
Which of the following is an example of 'entry' in the context of burglary?
Which of the following is an example of 'entry' in the context of burglary?
What does section 9(1)(b) specifically require?
What does section 9(1)(b) specifically require?
What type of damage is associated with one of the listed offences for burglary?
What type of damage is associated with one of the listed offences for burglary?
If Hull inserts a hand through a broken window intending to steal, what does this signify?
If Hull inserts a hand through a broken window intending to steal, what does this signify?
What is classified as a 'volume crime' that police officers are likely to encounter?
What is classified as a 'volume crime' that police officers are likely to encounter?
According to Section 1 of the Theft Act (NI) 1969, what constitutes theft?
According to Section 1 of the Theft Act (NI) 1969, what constitutes theft?
Which of the following is NOT specifically mentioned as a type of theft?
Which of the following is NOT specifically mentioned as a type of theft?
What distinguishes robbery from other forms of theft?
What distinguishes robbery from other forms of theft?
What is a critical factor that makes a burglary more serious?
What is a critical factor that makes a burglary more serious?
What type of theft is particularly related to entering a building?
What type of theft is particularly related to entering a building?
What is the primary legislative source for understanding theft in Northern Ireland?
What is the primary legislative source for understanding theft in Northern Ireland?
Which of the following describes 'theft' in the context of crime?
Which of the following describes 'theft' in the context of crime?
What was the primary legal question in R v B and S Leathley (1979)?
What was the primary legal question in R v B and S Leathley (1979)?
Which factor did NOT contribute to the court's decision that the container was a building?
Which factor did NOT contribute to the court's decision that the container was a building?
What does the concept of 'trespasser' mean in the context of the content provided?
What does the concept of 'trespasser' mean in the context of the content provided?
In the case of R v Walkington (1979), why did the tenant become a trespasser?
In the case of R v Walkington (1979), why did the tenant become a trespasser?
What characteristic of the freezer container was emphasized to support its classification as a building?
What characteristic of the freezer container was emphasized to support its classification as a building?
What does it imply when one has permission to be in part of a building but not in another, as demonstrated in the examples?
What does it imply when one has permission to be in part of a building but not in another, as demonstrated in the examples?
Which of the following is an example of a situation involving trespassing, as stated in the content?
Which of the following is an example of a situation involving trespassing, as stated in the content?
What was the defense's argument regarding the freezer container in R v B and S Leathley?
What was the defense's argument regarding the freezer container in R v B and S Leathley?
What defines a person as a trespasser in the context of gaining consent to enter premises?
What defines a person as a trespasser in the context of gaining consent to enter premises?
In the case of Bingham entering the office marked 'Private Staff Only', what constitutes the act of burglary?
In the case of Bingham entering the office marked 'Private Staff Only', what constitutes the act of burglary?
What must be proven to sustain a charge of burglary regarding the entry?
What must be proven to sustain a charge of burglary regarding the entry?
What does 'mens rea' refer to in the context of burglary?
What does 'mens rea' refer to in the context of burglary?
Which of the following intentions is NOT relevant under Section 9(1)(a) for committing burglary?
Which of the following intentions is NOT relevant under Section 9(1)(a) for committing burglary?
Why must there be an intention at the time of entry to sustain a burglary charge?
Why must there be an intention at the time of entry to sustain a burglary charge?
Which offense directly correlates with intent to inflict grievous bodily harm in the context of burglary?
Which offense directly correlates with intent to inflict grievous bodily harm in the context of burglary?
If a person has permission to be in one part of a building, what does this imply concerning other areas?
If a person has permission to be in one part of a building, what does this imply concerning other areas?
What does Section 9(1)(b) state about burglary?
What does Section 9(1)(b) state about burglary?
Which of the following scenarios would NOT constitute burglary under Section 9(1)(b)?
Which of the following scenarios would NOT constitute burglary under Section 9(1)(b)?
What is an incorrect assumption regarding criminal damage in relation to burglary under Section 9(1)(b)?
What is an incorrect assumption regarding criminal damage in relation to burglary under Section 9(1)(b)?
Which act does NOT have to be proven for someone to be guilty of burglary under Section 9(1)(b)?
Which act does NOT have to be proven for someone to be guilty of burglary under Section 9(1)(b)?
In the context of burglary, what defines a person as a trespasser?
In the context of burglary, what defines a person as a trespasser?
What is the effect of a defendant causing damage after entering a building as a trespasser?
What is the effect of a defendant causing damage after entering a building as a trespasser?
Which behavior does NOT classify under the sequel acts of burglary when entered as a trespasser?
Which behavior does NOT classify under the sequel acts of burglary when entered as a trespasser?
What is implied about a person's intent when they cause harm after entering a building unlawfully?
What is implied about a person's intent when they cause harm after entering a building unlawfully?
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.