Aggravated Burglary in UK Law

Leading Cases
  • R v Klass
    • Court of Appeal (Criminal Division)
    • 27 November 1997

    Let us assume that there is only one weapon and that that weapon is with the person on the outside. That person commits a burglary (the words used in section 10) if he is aiding and abetting the burglary being committed by the person effecting entry. A strict interpretation of section 10 would therefore lead to the conclusion that both could be convicted of aggravated burglary. Although there are certain academic attractions in the strict interpretation, we prefer a purposive approach.

  • Smith v Linskills (A Firm)
    • Court of Appeal (Civil Division)
    • 05 February 1996

    It is, however, plain that the thrust of his case in these proceedings is that if his criminal defence had been handled with proper care he would not, and should not, have been convicted. Thus the soundness or otherwise of his criminal conviction is an issue at the heart of these proceedings. Were he to recover substantial damages, it could only be on the basis that he should not have been convicted.

    (1)The affront to any coherent system of justice which must necessarily arise if there subsist two final but inconsistent decisions of courts of competent jurisdiction. Such would, we think, be the case here if there were a subsisting Crown Court decision that Mr Smith was, beyond reasonable doubt, guilty of aggravated burglary and a subsisting civil court decision that if his defence had been properly prepared he would and should have been acquitted.

  • R v Morgan Clarke
    • Court of Appeal (Criminal Division)
    • 24 January 2018

    Reaching the age of 18 has many legal consequences, but it does not present a cliff edge for the purposes of sentencing. com/child-adolescent; 17 January 2018) is that young people continue to mature, albeit at different rates, for some time beyond their 18 th birthdays. The youth and maturity of an offender will be factors that inform any sentencing decision, even if an offender has passed his or her 18 th birthday.

  • Attorney General's Reference (No. 3 of 1998)
    • Court of Appeal (Criminal Division)
    • 25 March 1999

    (a) The Crown is required to prove the ingredients which constitute the actus reus of the crime. Although different language is used to describe this concept, for present purposes, we respectfully adopt the suggestion in Smith & Hogan, Criminal Law, 8th Edition, at page 28, that it must be shown that the defendant:

  • Attorney General's Reference (Nos. 32 and 33 of 1995) Pegg (Shane) and Martin (Mark)
    • Court of Appeal (Criminal Division)
    • 27 February 1996

    We wish to stress that attacks on elderly people in their own homes are particularly despicable and will be regarded by the court as deserving of severe punishment. Elderly victims living alone are vulnerable, not only because of the lack of assistance but also because of their own weakness and isolation. Any attack on such a person is cowardly and can only be expected to be visited with a very severe punishment indeed.

  • R v Rebecca Saw and Others
    • Court of Appeal (Criminal Division)
    • 16 January 2009

    The starting point must always – we emphasise, always —be that burglary of a home is a serious criminal offence. The principle which must be grasped is that when we speak of dwelling house burglary, we are considering not only an offence against property, which it is, but also, and often more alarmingly and distressingly, an offence against the person. Something precious is violated by burglary of a home, and those who perpetrate this crime should be sentenced and punished accordingly.

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Legislation
  • Theft Act 1968
    • UK Non-devolved
    • January 01, 1968
    ... ... Theft, robbery, burglary, etc ... 7: Theft ... A person guilty of theft shall on conviction on ... 26(2); S.I. 1992/333, art. 2(2), Sch. 2 ... 10: Aggravated burglary ... (1) A person is guilty of aggravated burglary if he commits ... ...
  • The Criminal Legal Aid (Remuneration) Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... ) , 800;(iib) in cases falling within bands 11.1 and 11.2 (burglary and robbery) , 350;(iic) in cases falling within bands 12.1 to 12.3 ... 36Racially aggravated arson (not endangering life) Crime and Disorder Act 1998, s.30(1) 1998 c ... ...
  • Northern Ireland (Emergency Provisions) Act 1978
    • UK Non-devolved
    • January 01, 1978
    ... ... 4 and 5 below—(a) section 8 (robbery) ;(b) section 10 (aggravated burglary) .(c) section 1 (theft) ;(d) section 9 (burglary) ;(e) section 15 ... ...
  • Nuclear Material (Offences) Act 1983
    • UK Non-devolved
    • January 01, 1983
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Books & Journal Articles
  • Developing an empirical classification of violent offences for use in the prediction of recidivism in England and Wales
    • No. 3-3, July 2011
    • Journal of Aggression, Conflict and Peace Research
    • 141-154
    Purpose: The classification of criminal acts as violent or nonviolent should be a keystone of actuarial predictors of violent recidivism, as it affects their outcome measure and scoring of criminal...
    ... ... adds public order, criminal damage,threats/harassment, robbery/aggravated burglary and weapon possession offences to the centralgroup of homicide ... ...
  • Criminal Law Legislation Update
    • No. 76-1, February 2012
    • Journal of Criminal Law, The
    ... ... the Sen- tencing Guidelines Council ’ s guideline on Theft and burglary in a build- ing other than a dwelling and the guidelines in the ... sets a sentencing range of 1 – 13 years ’ custody for aggravated burglary contrary to s. 10 of the Theft Act 1968; a sentencing range of ... ...
  • Parliamentary Bills
    • No. 32-2, April 1968
    • Journal of Criminal Law, The
    ... ... in its place the Bill creates and defines theft", robbery, burglary, removal of articles on show in buildings open to the public, ... Burglary. There are two types of burglary: burglary and aggravated burglary. Burglary is entering any building or part of a building as ... ...
  • Confessions; Duress
    • No. 69-4, August 2005
    • Journal of Criminal Law, The
    ... ... [2005] UKHL 22, [2005] 2 WLR 709 The defendant was charged with aggravated burglary, the alleged of- fence having been committed in January 2000. His ... ...
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