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Encyclopedia > Burglary
Criminal law
Part of the common law series
Elements of crimes
Actus reus  · Causation  · Concurrence
Mens rea  · Intention (general)
Intention in English law  · Recklessness
Willful blindness  · Criminal negligence
Ignorantia juris non excusat
Vicarious liability  · Corporate liability
Strict liability
Classes of crimes
Felony/Indictable  · Hybrid offence
Misdemeanor/Summary
Infraction
Lesser included offense
Crimes against the person
Assault  · Battery  · Robbery
Kidnapping  · Rape
Mayhem  · Manslaughter  · Murder
Crimes against property
Burglary  · Larceny  · Arson
Embezzlement  · False pretenses
Extortion  · Forgery  · Computer crime
Crimes against justice
Obstruction of justice  · Bribery
Perjury  · Misprision of felony
Inchoate offenses
Solicitation  · Attempt
Conspiracy  · Accessory
Subsets
Criminal procedure
Criminal defenses
Other areas of the common law
Contract law · Tort law  · Property law
Wills and trusts  · Evidence
Portals: Law  · Criminal justice
Burglars attempted to break into an apartment by pulling away the lock.
Burglars attempted to break into an apartment by pulling away the lock.

Burglary – also called breaking and entering or house breaking – is a crime related to theft. It typically involves someone breaking into a house with an intent to commit a crime. To carry out a burglary is to burgle (British English) or burglarize (US English). For a summary of the history of this offense, see burglary (history). Image File history File links Scale_of_justice. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ... For other uses, see concurrency. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ... In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus... Willful blindess is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. ... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... It has been suggested that presumed knowledge of the law be merged into this article or section. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... The term felony is used for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... In many common law jurisdictions (e. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ... Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ... A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ... In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ... Mayhem, under the common law of crimes, consisted of the intentional and wanton removal of a body part that would handicap a persons ability to defend themselves in combat. ... In the United States, larceny is a common law crime involving stealing. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... False pretenses is a common law crime. ... Extortion is a criminal offense, which occurs when a person obtains money, behaviour, or other goods and/or services from another by wrongfully threatening or inflicting harm to this person, reputation, or property. ... Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. ... An inchoate offense is a crime. ... Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (e. ... Image File history File linksMetadata Download high-resolution version (828x2404, 388 KB) A door handle and a lock after attempted burglary. ... Image File history File linksMetadata Download high-resolution version (828x2404, 388 KB) A door handle and a lock after attempted burglary. ... Everyday instance of theft: the bike which fits on this wheel has disappeared. ... Diagram showing the geographical locations of selected languages and dialects of the British Isles. ... English language spread in the United States. ... The original common law definition of burglary consisted of six specific elements: breaking and entering the dwelling of another during the night with the intention to commit a felony therein. To a greater or lesser extent, these elements have been replaced in the various common law coountries (see burglary. ...

Contents

United States

In most jurisdictions in the United States, burglary is a felony and involves trespassing, or entering a building or remaining unlawfully with intent to commit any crime, not necessarily a theft -- for example, vandalism. Thus, a conviction for burglary may qualify as a conviction under a three strikes law or habitual criminal statute. It's against the law even if only something of low value or nothing at all was stolen. Some burglaries have rape as an objective, so the crime of burglary cannot be trivialized as a mere property crime. As with all legal definitions in the U.S., the foregoing description may not be applicable in every jurisdiction since there are 51 separate criminal codes in force. The term felony is used for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... In law, trespass can be: the criminal act of going into somebody else’s land or property without permission; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit. ... Breaking and entering is defined as the crime of illegally entering a residence or other enclosed property using any amount of force (even pushing open an unlocked door). ... A caricature of Gustave Courbet taking down a Morris column, published by Le Père Duchêne illustré magazine Vandalism is the conspicuous defacement destruction of a structure or symbol against the will of the owner/governing body. ... Three strikes laws are a highly controversial category of statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. ... Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior. ...


The acts of burgulary and any theft that occurs coincident with such entry are treated as separate offenses. If the perpetrator's intended act after entering the burglarized premises was not a felony, the result can be two different misdemeanor charges rather than a felony count. The theft itself might be charged as "(grand or petit) larceny from a building". In the United States, larceny is a common law crime involving stealing. ...


The state of Massachusetts is unique in that it formally uses the term "breaking and entering" rather than "burglary".[citation needed] Official language(s) English Capital Boston Largest city Boston Area  Ranked 44th  - Total 10,555 sq mi (27,360 km²)  - Width 183 miles (295 km)  - Length 113 miles (182 km)  - % water 13. ...


Many other U.S. states treat burglary as a more serious crime when it occurs at night; California formerly prosecuted night-time burglary as "burglary in the first degree" and daytime burglary as "burglary in the second degree", under most circumstances (this state now uses building type — residential vs. commercial — in making the determination, with residential burglaries carrying the more serious charge). In states that continue to punish night-time burglary more severely than daytime burglary and the crime occurred during twilight, a standard of 30 minutes after sunset or before sunrise will often be observed as the boundary between night and day. Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... It has been suggested that this article or section be merged with Dawn. ...

Criminal law in English law
Part of the common law series
Classes of crimes
Summary  · Indictable
Hybrid offence  · Regulatory offences
Lesser included offence
Elements of crimes
Actus reus  · Causation
Mens rea  · Intention (general)
Intention in English law  · Recklessness
Criminal negligence  · Corporate liability
Vicarious liability  · Strict liability
Omission  · Concurrence
Ignorantia juris non excusat
Inchoate offences
Incitement  · Conspiracy
Accessory  · Attempt
Common purpose
Defences
Consent  · Diminished responsibility
Duress
M'Naghten Rules  · Necessity
Provocation
Self-defence
Crimes against the person
Common assault  · Battery
Actual bodily harm  · Grievous bodily harm
Offences Against The Person Act 1861
Murder  · Manslaughter
Corporate manslaughter  · Harassment
Public order and crimes against property
Criminal Damage Act 1971
Malicious Damage Act 1861
Public nuisance
Crimes of dishonesty
Theft Act 1968  · Theft  · Dishonesty
Robbery  · Burglary  · TWOC
Deception  · Deception offences
Blackmail  · Handling
Theft Act 1978  · Forgery
Computer crime
Sexual crimes
Rape  · Kidnapping
Crimes against justice
Bribery  · Perjury
Obstruction of justice
See also Criminal Procedure
Criminal Defences
Other areas of the common law
Contract law  · Tort law  · Property law
Wills and trusts  · Evidence
Portals: Law  · Criminal justice

Image File history File links Scale_of_justice. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In many common law jurisdictions (e. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ... A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ... In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... In the criminal law, an omission or failure to act will constitute an actus reus (Latin for guilty act) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. ... For other uses, see concurrency. ... It has been suggested that presumed knowledge of the law be merged into this article or section. ... An inchoate offense is a crime. ... In English criminal law, incitement is an anticipatory common law offence and is the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. ... In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project with a common purpose that results in the commission of a crime. ... Categories: | ... For the law in other criminal jurisdictions, see diminished responsibility. ... For a general discussion of the principles, see duress In English law, duress is a defence which allows a limited excuse in favour of those who commit crimes because they are forced or compelled to do so against their will by the threats of another. ... The MNaghten Rules are used to establish insanity as an excuse to potential criminal liability, but the definitional criteria establish insanity in the legal and not the psychological sense. ... For the discussion on general principles and policy, see necessity In English law, the defence of necessity recognises that there may be situations of such an overwhelming urgency, that a person must be allowed to respond by breaking the law. ... For an description of the general principles, see provocation (legal). ... In English criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the physical integrity of themselves or others or to prevent any crime. ... In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ... In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ... It has been suggested that Assault causing bodily harm be merged into this article or section. ... Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ... This page is a candidate to be copied to Wikisource. ... Corporate manslaughter is a term in English law for an act of homicide committed by a company. ... Harassment refers to a wide spectrum of offensive behavior. ... Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ... The Malicious Damage Act of 1861 is a law now mostly concerned with damage to property in the transport sector of society. ... Nuisance is a common law tort. ... The Theft Act 1968 (1968 c. ... Everyday instance of theft: the bike which fits on this wheel has disappeared. ... Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ... TWOC is an acronym standing for Taken Without Owners Consent. ... For the purposes of English law, deception is defined in s15(4) Theft Act 1968 and applies to the deception offences in the Theft Act 1968, and to the Theft Act 1978 and the Theft (Amendment) Act 1996. ... In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ... For other uses, see Blackmail (disambiguation). ... A cars handling is a description of the way the car performs, particularly during cornering. ... The Theft Act 1978 supplemented the earlier deception offences contained in ss15 and 16 Theft Act 1968 by reforming some aspects of those offences and adding new provisions. ... Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (e. ...

England and Wales

In England and Wales, burglary is dealt with in s9 Theft Act 1968 which provides: The Theft Act 1968 (1968 c. ...

(1)(a) any person who enters as a trespasser, any building or part of a building, inhabited vehicle or vessel with the intent to steal, inflict grievous bodily harm or commit criminal damage will be guilty of the offence of burglary.
(1)(b) where any person, having entered any building, part of a building, inhabited vehicle or vessel as a trespasser, commits or attempts to commit a theft or inflicts or attempts to inflict grievous bodily harm.

s9(1)(a) previously included entering with intent to commit rape, but this is now charged as trespass with intent to commit a sexual offence under s63 Sexual Offences Act 2003. Everyday instance of theft: the bike which fits on this wheel has disappeared. ... Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ... Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ... In law, an offense is a violation of the penal law. ...


Elements of the offence

Entry as a trespasser

Trespass means that any presence, even partial, on the premises is without the consent of the owner. This requires that the defendant knows the entry to be unlawful. To avoid a conviction, the defendant must prove either that he or she had the owner's consent to be on the premises for the particular purposes, or that the owner would have consented had he or she been aware of all the material circumstances. Thus, if the defendant enters the common part of a shop, there is a licence to be on the premises for the purposes of buying any of the goods on display. But if the defendant goes into a part of the shop which is obviously not intended for common use to commit one of the embedded offences, the test will be whether the defendant honestly believed that the shopkeeper would have consented had he or she been asked.


Building or part of a building

Building includes outhouses or sheds and inhabited vehicles or vessels such as a caravan or houseboat, and, as above, the defendant may enter a building with consent and then become a trespasser by entering a part without permission. A travel trailer or caravan is a small trailer in which people can live and travel simultaneously. ... A houseboat in Amsterdam House Boat on Kerala water-ways House Boat in Kumarakom lake House Boat on Kerala water-ways A houseboat is a boat that has been designed or modified to be used primarily as a human dwelling. ...


Mens rea

Although there may be clear evidence of an intention to steal if the defendant is carrying housebreaking equipment, the specific intent required under s9(1)(a) to inflict GBH, to rape, or to cause damage may be difficult to prove if the accused makes no admission. If there are evidential problems, the accused will be charged with the substantive offence or its attempt rather than burglary. One relevant option would be trespass with intent to commit a sexual offence under s63 Sexual Offences Act 2003. If the defendant took a car from a garage and it was later found abandoned, the better charge is TWOC. As a last resort if the accused is interrupted on the premises before committing one of the embedded offences, the least serious offence available to charge would be being found on enclosed premises under s4 Vagrancy Act 1824. In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... The Sexual Offences Act 2003 is an Act of Parliament in the United Kingdom, passed in 2003. ... TWOC is an acronym standing for Taken Without Owners Consent. ...


Examples

If the accused breaks a bedroom window and reaches through to remove a valuable ring, or as a customer in a shop, reaches behind the counter to steal money from an assistant's handbag, this would be burglary. But prosecutors often prefer charges of s1 theft to avoid having to deal with issues of whether the entry is sufficient or as to beliefs of consent. As an application of the principle of joint enterprise or common purpose, anyone who accompanies the burglar to act as a lookout or to help carry the stolen goods away, will either be a joint principal rather than an accomplice or, in the latter situation, will be handling the stolen goods. Going equipped to steal is a substantive if the accused is found in a public place in possession of housebreaking implements. Everyday instance of theft: the bike which fits on this wheel has disappeared. ... At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offence. ... A cars handling is a description of the way the car performs, particularly during cornering. ...


Burglary is able to be tried either as a summary offence (before a Magistrate), or on indictment in the Crown Court, and maximum sentences are 10 years for a non-dwelling and 14 years for a dwelling. Once the burglary offence is complete, passing the goods to another would be handling. In the law of many common law jurisdictions, a summary offence (or summary offense) is an offence which can be tried without an indictment. ... A magistrate is a judicial officer. ... In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... A dwelling is a structure in which humans or other animals live. ... A cars handling is a description of the way the car performs, particularly during cornering. ...


Aggravated burglary

Under s10, a burglary becomes aggravated when a burglar has with him at the time a weapon of offence, imitation firearm, firearm, or explosive. (There is no requirement that any of these items are used in the commission of the offence; merely that they are in the possession of the burglar at the time.) Aggravated burglary is an indictable offence only, and carries a maximum of life imprisonment. An assortment of modern handheld firearms using fixed ammunition, including military assault rifles, a sporting shotgun (fourth from bottom), and a tactical shotgun (third from bottom). ... A prison is a place in which people are confined and deprived of a range of liberties. ...


Time

The defendant must have the firearm, weapon, or explosive at the time of the burglary, namely:

  • s9(1)(a) when entering;
  • s9(1)(b) when committing the theft, attempted theft, GBH or attempted GBH.

Scotland

Under Scots law in Scotland the crime of burglary is called theft by housebreaking. It does not include any other aspect of burglary. Housebreaking when combined with other crimes is considered acquisitive crime. It is a crime usually prosecuted under solemn procedure. Scots law (or Scottish law) is the law of Scotland. ... Motto: (Eng: No one provokes me with impunity)1 Anthem: Multiple unofficial anthems Capital Edinburgh Largest city Glasgow Official language(s) English, Gaelic, Scots 2 Government Constitutional monarchy  - Queen of the UK Queen Elizabeth II  - Prime Minister of the UK Tony Blair MP  - First Minister Jack McConnell MSP Unification    - by... Look up acquisition in Wiktionary, the free dictionary. ... In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ...


Canada

 Burglars Tools Found in the Bank, printed in 1875 in the Canadian Illustrated News
Burglars Tools Found in the Bank, printed in 1875 in the Canadian Illustrated News

In Canada, burglary is labeled as "Breaking and Entering" under section 348 of the Criminal Code and is a hybrid offence. Breaking and entering is defined as trespassing with intent to commit an indictable offence. Image File history File links Burglars_Tools_Found_in_the_Bank. ... Image File history File links Burglars_Tools_Found_in_the_Bank. ... 1875 (MDCCCLXXV) was a common year starting on Friday (see link for calendar). ... A Criminal Code is a compilation of government laws that outline a nations criminal offenses, and the maximum and minimum punishments that courts can impose upon offenders when such crimes are committed. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... In law, trespass can be: the criminal act of going into somebody else’s land or property without permission; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit. ... In many common law jurisdictions (e. ...


See also

Jack Sheppard in Newgate Prison Jack Sheppard (December 1702 – 16 November 1724) was a notorious English robber, burglar and thief of early 18th century London. ... Charles Peace (May 14, 1832 – February 25, 1879) was a notorious English burglar and murderer, whose somewhat remarkable life – though terrifying at the time – later spawned dozens of romanticized novels and films. ... The Hand of Glory is the dried and pickled hand of a man who has been hanged, often specified as being the left hand. ...

External links

  • Apartment security for tenants
  • Crime prevention: theory & practice

References

  • Allen, Michael. Textbook on Criminal Law. Oxford University Press, Oxford. (2005) ISBN 0-19-927918-7.
  • Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
  • Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell. ISBN 0-421-19960-1
  • Ormerod, David. Smith and Hogan Criminal Law, LexisNexis, London. (2005) ISBN 0-406-97730-5
  • Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7

  Results from FactBites:
 
Burglary - Wikipedia, the free encyclopedia (1121 words)
In most jurisdictions in the United States, burglary is a felony and involves trespassing, or entering a building or remaining unlawfully with intent to commit any crime, not necessarily a felony or theft.
Thus, a conviction for burglary may qualify as a conviction under a three strikes law or habitual criminal statute.
Burglary is able to be tried either as a summary offence (before a Magistrate), or on indictment in the Crown Court, and maximum sentences are 10 years for a non-dwelling and 14 years for a dwelling.
  More results at FactBites »

 
 

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