Burglary Robbery & Blackmail
A person is guilty of burglary if he or she enters a building or part of a building as a trespasser with intent to commit any of the below-mentioned offences. It is also burglary if, having entered the building, or part of a building as a trespasser, he steals or attempts to steal anything in the building or part of it , or intends to inflict on any person, grievous bodily harm.
The offences which the person must intend to commit are
- stealing anything in the building or part of the building, or
- inflicting grievous bodily harm, or
- causing unlawful damage to the building or anything on it.
The term “building” includes a shed an inhabited vehicle, or vessel.
The entry does not have to be forced; a person need only enter as a trespasser, i.e., without lawful authority. Any physical entry is enough. An entry by an instrument is also sufficient. A person may enter building lawfully but enter another part without consent and thereby becoming a trespasser.
The intention need not be fulfilled; it is enough that the intention existed at the time of the entry. There are two separate offences constituted by this section.
Burglary be tried either way. It is subject to up to 6 months imprisonment and a fine not exceeding the statutory maximum on summary conviction, or up to 14 years on conviction on indictment.
A person is guilty of aggravated burglary if he commits any burglary and at the time has a firearm, imitation firearm, an explosive or a weapon of offense. A weapon of offense means an article made or adapted for use for causing injury to or incapacitating a person or intended by the person having it with them for such use.
The offence is subject on conviction on indictment, with imprisonment for up to life.
A person is guilty of an offence (other than at his place of abode) he has in his possession and article for use in the course of or in connection with any burglary or theft . A place of abode refers to a person’s house.
The offence may be charged summarily or on indictment. If charged summarily, it is subject to 6 months imprisonment and/or the statutory maximum fine. If charged on indictment, it is subject to imprisonment for up to 3 years.
A person is guilty of robbery if they steal and immediately before or at the time of doing so, uses force on any person or put or seeks to put any person in fear of being then and there subjected to force.
Force has the ordinary meaning. It is a matter for the court to decide whether force was used. In addition, to show theft. It is necessary to show that force was used with the intention of bringing about the result.
The threat of force may be made through words or implied by actions, and conduct or both. Very little force may be sufficient. The threat need not be on the persons from whom the theft or stealing takes place.
A person guilty of robbery or an assault with intent to rob is guilty of an offence, subject to conviction on indictment. Robbery is subject to imprisonment for a term of up to life.
The offence would be committed for example, if the victim was assaulted for the purpose of robbery, which was not completed due to resistance or some other circumstance.
A person is guilty of blackmail if with a view to gain for themselves or another or with intent to cause loss to another, he or she makes an unwarranted demand with menaces. A demand with menaces is unwarranted unless the person making it believes they have reasonable grounds for making the demand, and the use of menace is the proper means of reinforcing the demands.
The nature of the act or omission demanded does not matter, nor does the means taken by the person making the demand. The person threatened need not be frightened.. The menaces must be enough to unsettle the mind of an ordinary person. A letter containing a demand with menaces may constitute the offence.
The offence may be prosecuted on indictment, with imprisonment of up to a maximum of 14 years.