Sample Quizzes For Preparation: Burglary As Defined In S9 Theft Act 1968
AS Level Law – Quiz on Burglary and Aggravated Burglary (Theft Act 1968)
Topic: 2.2.3 – Section 9 and 10 Theft Act 1968
Questions
1. What is the key distinction between s9(1)(a) and s9(1)(b) of the Theft Act 1968?
A. s9(1)(a) requires actual commission of theft or GBH
B. s9(1)(b) requires intent only
C. s9(1)(a) is about intent at entry; s9(1)(b) is about offence committed after entry
D. Both require actual damage
2. In s9(1)(a), when must the intent to commit an offence be formed?
A. After entry
B. Before or at the time of entry
C. During the act of leaving the building
D. After the act of theft
3. What is required for a person to be considered a trespasser?
A. Entering a public place
B. Entering with a fake ID
C. Entering without permission or exceeding permission
D. Entering with intent to return
4. Which of the following is considered a ‘building’ under s9(4)?
A. A parked car
B. A tent
C. An inhabited caravan
D. A bus stop
5. Which case clarified the meaning of “entry” in burglary?
A. R v Collins
B. R v O’Leary
C. R v Ghosh
D. R v Hardie
6. What sentence can be imposed for burglary of a dwelling?
A. Maximum 7 years
B. Maximum 10 years
C. Maximum 14 years
D. Life imprisonment
7. What is the maximum sentence for aggravated burglary?
A. 10 years
B. 14 years
C. 20 years
D. Life imprisonment
8. What additional element is required for aggravated burglary?
A. Use of force
B. Commission of theft
C. Weapon, explosive, or imitation firearm
D. Serious injury
9. Which case confirmed that having the weapon at the time of entry is essential for aggravated burglary?
A. R v Walkington
B. R v Ryan
C. R v O’Leary
D. R v Collins
10. What does “effective entry” mean according to R v Brown?
A. Only full body must enter
B. Entry must be with full knowledge
C. Any part of the body entering to commit the crime
D. Entire body must remain inside
11. Which of the following is not one of the ulterior offences in s9(1)(a)?
A. Theft
B. GBH
C. Rape
D. Criminal damage
12. In s9(1)(b), what must be proven?
A. Only trespass
B. Actual or attempted theft or GBH
C. Intent at entry
D. Property ownership
13. Which case involved entry into a restricted part of a building (e.g., till area)?
A. R v Brown
B. R v Collins
C. R v Walkington
D. R v Hardman
14. What makes someone guilty under s9(1)(a) even if no crime was committed?
A. Carrying weapons
B. Entering late at night
C. Entering with intent to commit theft, GBH, or criminal damage
D. Refusing to leave
15. What must be present in aggravated burglary to satisfy s10?
A. Violence
B. Explosive device inside the building
C. Possession of a qualifying item upon entry
D. Verbal threat
16. What does “mens rea” in s9(1)(a) include?
A. Intent to remain in the building
B. Intent to commit one of the ulterior offences
C. Mistake of fact
D. Recklessness toward injury
17. Can burglary occur if a person is invited in?
A. No, never
B. Only if they steal after invitation
C. Only if they exceed the permission given (R v Collins)
D. Only in non-dwellings
18. Which type of property does s9(4) not apply to?
A. Caravan
B. Houseboat
C. Detached garage
D. Tent
19. What is the minimum sentencing guideline for youth burglary?
A. Fine only
B. Detention and training order (up to 2 years)
C. Community service
D. No punishment
20. Which of the following would not qualify for aggravated burglary under s10?
A. Carrying a real firearm
B. Carrying a knife
C. Carrying a screwdriver to commit burglary
D. Carrying nothing
21. What is the purpose of s9(3)?
A. Defines aggravated burglary
B. Clarifies sentencing for burglary
C. Lists definitions of trespass
D. Establishes court procedures
22. Which element of burglary involves trespass?
A. s9(1)(a) only
B. s9(1)(b) only
C. Both s9(1)(a) and s9(1)(b)
D. Neither
23. What is a common defence to burglary?
A. Mistaken belief of consent
B. Duress
C. Intoxication
D. All of the above
24. Which of the following must be proven for aggravated burglary?
A. Property damage
B. Entry through force
C. Item carried with intent to commit an offence
D. Attempt to flee
25. What kind of structure qualifies as a “building” under the Theft Act 1968?
A. Fully built houses only
B. Mobile homes, if inhabited
C. Open gardens
D. Parks
26. What role does “intent” play in s9(1)(b)?
A. Must be formed after entry
B. Irrelevant to liability
C. Must exist for theft or GBH at the time of act
D. Only formed during escape
27. What is the significance of R v Ryan?
A. Defined criminal damage
B. Clarified “effective entry” even if entry is partial
C. Denied trespass as part of burglary
D. Distinguished between s9(1)(a) and s9(1)(b)
28. What does “weapon of offence” mean in s10?
A. Any household tool
B. Any item intended to cause injury or adapted for that use
C. Anything dangerous
D. Any item used in self-defence
29. When does burglary become “aggravated burglary”?
A. When multiple people commit it
B. When force is used
C. When a listed item is carried
D. When burglary occurs in a dwelling
30. Which is true about s9(1)(b)?
A. Intent before entry is essential
B. Crime must occur after entry
C. Only damage is considered
D. Applies to theft only
Answer Key and Explanations
- C – s9(1)(a) requires intent at entry; s9(1)(b) is about post-entry acts.
- B – The intent must exist before or at the point of entry.
- C – A trespasser enters without permission or exceeding the given one.
- C – Inhabited caravans are covered under s9(4).
- A – R v Collins discussed consent and trespass.
- C – Max 14 years for burglary in dwellings.
- D – Life imprisonment is the max for aggravated burglary.
- C – s10 requires specific items present during burglary.
- C – R v O’Leary: weapon must be possessed upon entry.
- C – Entry is valid if any part is used to commit the crime.
- C – Rape is not listed in s9(1)(a).
- B – s9(1)(b) needs actual or attempted theft or GBH.
- C – R v Walkington: partial access equals part of a building.
- C – Intent alone is sufficient under s9(1)(a).
- C – The item must be carried at time of burglary.
- B – Mens rea includes intent for one of the ulterior offences.
- C – Consent invalid if it’s based on mistake (R v Collins).
- D – Tents are not considered buildings.
- B – Youths may receive up to 2 years detention.
- D – Carrying nothing does not satisfy aggravated burglary.
- B – s9(3) covers sentencing.
- C – Both offences require trespass.
- D – All listed are possible defences depending on facts.
- C – Item must be carried with intent to use or intimidate.
- B – Mobile homes/caravans qualify if inhabited.
- C – Mens rea must exist at the time of act in s9(1)(b).
- B – Entry was considered effective even if stuck.
- B – A weapon of offence includes items intended to injure.
- C – Carrying a listed item during burglary escalates it.
- B – Crime must happen after entry under s9(1)(b).