Which of the following best describes Gemma's liability for aggravated burglary?

Question

At 2am Gemma Holt breaks into a house in Norwich by using a large screwdriver she has brought with her to prise open a window. She intends to steal and never intends to use the screwdriver on anyone; she uses it only on the window. She takes jewellery from a bedroom and leaves without meeting anyone. She is charged with aggravated burglary.

Accepted Answer

She is not guilty, because the screwdriver was not made or adapted to injure and she did not intend it for that use; she is guilty of burglary.

Answer

A. She is guilty, because a large screwdriver is capable of causing serious injury to a person and so is a weapon of offence for the purposes of s.10.

Answer

B. She is guilty, because the burglary was of a dwelling and committed at night, which makes it an aggravated burglary.

Answer

C. She is guilty, because she had the screwdriver with her at the moment she entered the building as a trespasser.

Answer

D. She is not guilty, because aggravated burglary requires a firearm or an explosive, and a screwdriver is neither of those.

Answer

E. She is not guilty, because the screwdriver was not made or adapted to injure and she did not intend it for that use; she is guilty of burglary.

Aggravated burglary: when is an article a 'weapon of offence'? (Theft Act 1968, s.10)