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Burglary question

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Just wanted to discuss if this scenario would be a 9.1a or 9.1b offence as I've heard differing opinions.


A woman is in a fast food restaurant and orders a meal. When the fast food employee turns his back and walks away from the till the woman leans over the counter, takes a burger and leaves the restaurant. 

Is this a 9.1a or b offence?

Edited by Em88

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Cool. Would you charge for a 9.1.b because it would be hard to prove the intent?

if she said in interview that she intended to take the burger at the point she leaned over could you then charge for a 9.1.a?

i initially said 1.a but was told I was wrong and it was a 1.b. I think because in exam world it has to state she had intention when she leaned over to take the burger, where as in real life that would appear obvious.

People also said I was wrong because in a  9.1.a situation you can't enter another part of a building as a trespasser if you already in a building, but that's not right is it?

for example if I'm in a shopping centre (a building) and I enter a staff  room (part of a building) without permission (as a trespasser) with the intent to steal something I commit a 9.1a. Is that correct?

and finally is any 9.1.a offence that involves theft of gbh also technically a 9.1.b? As you've entered a building or any part of a building and commited theft and gbh?

sorry for the extremely long post!


Edited by Em88

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I'd charge b because that's what happened. She had entered part of the building as a trespasser and stole. You don't have to worry about what her intentions were at the time she leaned over.
You are correct about the part of a building within a building and about your last question.

Sent from my iPhone using Tapatalk

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