Burglary As Defined In S9 Theft Act 1968: Aggravated Burglary As Defined In S10 Theft Act 1968 (Copy)
Burglary As Defined In s9 Theft Act 1968: Aggravated Burglary As Defined In s10 Theft Act 1968
(England And Wales — Statutes & Case Law Only — Tabular, Quick-Revision, Examiner-Focused)
Statutory Definition Of Aggravated Burglary
| Statute | Provision | Legal Effect |
|---|---|---|
| Theft Act 1968 s10(1) | Burglary with weapon present | Elevates burglary |
| Theft Act 1968 s9 | Underlying burglary | Must be proved first |
| Theft Act 1968 s10(2) | Defines weapons | Scope of aggravation |
A person is guilty of aggravated burglary if he commits burglary and has with him any firearm, imitation firearm, weapon of offence, or explosive at the time.
Core Structure Of Aggravated Burglary
| Element | Requirement |
|---|---|
| Burglary | s9(1)(a) or s9(1)(b) established |
| Weapon | As defined in s10(2) |
| Presence | Weapon “has with him” |
| Timing | At time of burglary |
- Aggravated burglary cannot exist independently
- Must build on completed burglary
Weapons Covered Under s10(2)
| Category | Definition | Authority |
|---|---|---|
| Firearm | Lethal barrelled weapon | Firearms Act 1968 |
| Imitation firearm | Appears to be firearm | s10(2) |
| Weapon of offence | Made/adapted/intended to cause injury | s10(2) |
| Explosive | Any explosive substance | s10(2) |
Case Law On Weapons
| Case | Item | Principle |
|---|---|---|
| R v Stones (1989) | Loaded shotgun | Firearm sufficient |
| R v O’Leary (1986) | Glass used to stab | Weapon of offence |
| R v Kelly (1992) | Screwdriver | Intended use = weapon |
| R v Simpson (1983) | Toy gun | Imitation firearm sufficient |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Actus Reus Of Aggravated Burglary
(1) Burglary Element
| Requirement | Authority |
|---|---|
| Entry as trespasser | s9 TA 1968 |
| Building or part | s9(3) |
| Theft/GBH or intent | s9(1)(a)/(b) |
- Same actus reus as ordinary burglary
- Aggravation depends on additional element
(2) “Has With Him” – Weapon Presence
| Case | Principle | Examiner Focus |
|---|---|---|
| R v Klass (1998) | Weapon need not be in hand | Immediate availability |
| R v O’Leary (1986) | Weapon picked up inside | Still “with him” |
| R v Stones (1989) | Weapon carried | Clear satisfaction |
- Weapon must be:
- Available for immediate use
- At the time of burglary
- Not required that weapon is used or threatened
Mens Rea Of Aggravated Burglary
Mens Rea For Burglary
| Element | Requirement |
|---|---|
| Trespass | Knowledge or recklessness |
| Theft | Dishonesty + intention to permanently deprive |
| GBH | Intention or recklessness |
Mens Rea For Weapon
| Requirement | Authority |
|---|---|
| Knowledge of weapon | R v Kelly (1992) |
| Intention to use | Not required |
- D must:
- Know he has the weapon
- No need to intend to:
- Use it
- Threaten with it
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Timing Requirements
| Stage | Requirement |
|---|---|
| At entry | Weapon may already be with D |
| During burglary | Weapon picked up inside suffices |
| After burglary | Too late → no aggravation |
| Case | Principle |
|---|---|
| R v O’Leary (1986) | Weapon picked up during burglary |
What Does NOT Qualify
| Scenario | Outcome | Authority |
|---|---|---|
| Weapon left outside | Not aggravated | Klass |
| Weapon found after burglary | Not aggravated | Common law |
| Unaware of weapon | No mens rea | Kelly |
Sentencing For Aggravated Burglary
| Offence | Maximum Sentence | Authority |
|---|---|---|
| Aggravated burglary | Life imprisonment | s10 TA 1968 |
- Indictable only
- Among the most serious non-homicide offences
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Comparison: Burglary vs Aggravated Burglary
| Feature | Burglary | Aggravated Burglary |
|---|---|---|
| Weapon present | No | Yes |
| Maximum sentence | Life / 10 years | Life |
| Threat required | No | No |
| Knowledge of weapon | N/A | Required |
Examiner Scenario Table
| Scenario | Liability |
|---|---|
| Burglary with knife in pocket | Aggravated burglary |
| Burglary, weapon picked up inside | Aggravated burglary |
| Burglary, weapon outside | Burglary only |
| Burglary, unaware of weapon | Burglary only |
Examiner Hotspots
| Issue | Key Authority |
|---|---|
| Definition | s10 TA 1968 |
| Weapon types | s10(2) |
| “Has with him” | Klass; O’Leary |
| Mens rea of weapon | Kelly |
| Sentencing | s10 TA 1968 |
Common Examiner Errors
| Error | Correction |
|---|---|
| Assuming weapon must be used | Presence sufficient |
| Forgetting burglary prerequisite | Must prove s9 first |
| Ignoring mens rea of weapon | Knowledge required |
| Treating toy gun as irrelevant | Imitation firearm qualifies |
High-Yield Examiner Lines
- “Aggravated burglary is burglary committed while having a weapon.”
- “The weapon need not be used or threatened.”
- “A weapon picked up during the burglary satisfies s10.”
- “Knowledge of the weapon is required.”
- “Aggravated burglary carries a maximum of life imprisonment.”
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course