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    I am probably being thick but I do not understand the difference between s.9(1)(a) Theft Act 1968 and s.9(1)(b):

    Link to opsi...

    Can anyone help?

    Also, does the building they enter need to be the building they attempt to steal from? Are there any cases on this? There isn't much in my book.

    Is it burglary if the building they enter is the garage, but only because they get rumbled and hide in there, until the coast is clear to steal from the house? Or do they need to enter the building they intend to steal from?

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    (Original post by Aack)
    I am probably being thick but I do not understand the difference between s.9(1)(a) Theft Act 1968 and s.9(1)(b):

    Link to opsi...

    Can anyone help?

    Also, does the building they enter need to be the building they attempt to steal from? Are there any cases on this? There isn't much in my book.

    Is it burglary if the building they enter is the garage, but only because they get rumbled and hide in there, until the coast is clear to steal from the house? Or do they need to enter the building they intend to steal from?

    Rep for good answers

    S.91A = defendant has the intention to steal, inflict GBH or do criminal damage before entering the building or part of a building as a trespasser

    S.91B= defendant forms the intention to do the 3 offences above while he is inside the building
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    Thanks - I get that now

    I am still confused about the building part - do they have to enter the building they intended to steal from? Or will entering something like a garage suffice, even though they weren't going to steal from the garage???
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    ??????
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    The word building is interpreted widely. For example, you can trespass by entering a different part of a building than the part which you have been entitled to enter.
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    (Original post by jamespro)
    The word building is interpreted widely. For example, you can trespass by entering a different part of a building than the part which you have been entitled to enter.
    Yeah I know that, but does entry have to be in the building you intend to steal from?

    i.e. I am about to burgle your house, but you turn a light on, so I hide in your garage (but don't steal anything from there) until you go back to sleep and I can burgle your house.

    If I got caught in your garage - is that burglary?
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    No answer for that sorry As a common sense approach, I'd say if the garage was attached or annexed as part of the house then yes, it is the same building, but if it is separate on the property then probably not.
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    (Original post by Aack)
    Yeah I know that, but does entry have to be in the building you intend to steal from?

    i.e. I am about to burgle your house, but you turn a light on, so I hide in your garage (but don't steal anything from there) until you go back to sleep and I can burgle your house.

    If I got caught in your garage - is that burglary?
    I'm probably wrong about this, but I'm guessing it is still burglary. The garage is still part of the building requirement, and you already had the intention to steal so I don't think it really matters about the garage- it's still trespass?

    (Original post by jamespro)
    No answer for that sorry As a common sense approach, I'd say if the garage was attached or annexed as part of the house then yes, it is the same building, but if it is separate on the property then probably not.
    EDIT: Just saw this, yep pretty much this.
 
 
 
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