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Legal Terms – Burglary
Burglary is a criminal offense defined by the Theft Act 1968. It involves either (A) unlawfully entering a building, part of a building, ship, or inhabited vehicle with the intention of committing one of three specified crimes (burglary with intent), or (B) unlawfully entering such a place but subsequently committing one of two specified crimes (burglary without intent). The three stated offenses for burglary with purpose are (1) theft; (2) inflicting grievous bodily harm; and (3) creating criminal damage. The offense of burglary with the intention to commit rape was established in 2003.
Substituted by the offense of trespassing with the intention to commit a sexual offense, as stated in Section 63 of the Sexual Offenses Act. The two defined offenses for burglary without intent are (1) theft or attempted theft; and (2) causing or attempting to cause serious bodily harm. The act of unlawfully entering and stealing from a residential building is subject to a maximum penalty of 14 years of incarceration. Aggravated burglary, as defined in section 10 of the Theft Act 1968, occurs when a trespasser is in possession of a weapon of offense, explosive, or firearm, as established in the case of R v Kelly (1992) 97 Cr App R 245. This offense is subject to a maximum penalty of life imprisonment. The Crime (Sentences) Act 1997 mandates a mandatory minimum sentence of three years for anyone convicted of burglary for the third time. However, judges have the discretion to impose a lighter sentence if they determine that the minimum sentence would be unreasonable given the specific circumstances of the case.
Burglary is a criminal offense defined by the Theft Act 1968. It involves either (A) unlawfully entering a building, part of a building, ship, or inhabited vehicle with the intention of committing one of three specified crimes (burglary with intent), or (B) unlawfully entering such a place but subsequently committing one of two specified crimes (burglary without intent). The three stated offenses for burglary with purpose are (1) theft; (2) inflicting grievous bodily harm; and (3) creating criminal damage. The offense of burglary with the intention to commit rape was established in 2003.
Substituted by the offense of trespassing with the intention to commit a sexual offense, as stated in Section 63 of the Sexual Offenses Act. The two defined offenses for burglary without intent are (1) theft or attempted theft; and (2) causing or attempting to cause serious bodily harm. The act of unlawfully entering and stealing from a residential building is subject to a maximum penalty of 14 years of incarceration. Aggravated burglary, as defined in section 10 of the Theft Act 1968, occurs when a trespasser is in possession of a weapon of offense, explosive, or firearm, as established in the case of R v Kelly (1992) 97 Cr App R 245. This offense is subject to a maximum penalty of life imprisonment. The Crime (Sentences) Act 1997 mandates a mandatory minimum sentence of three years for anyone convicted of burglary for the third time. However, judges have the discretion to impose a lighter sentence if they determine that the minimum sentence would be unreasonable given the specific circumstances of the case.
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