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A man notices the front door of a house is open. He does not know the house owner and he enters the house without permission intending to steal. He does not have anything in his possession. As he searches the kitchen, the man sees another person at the front door and quickly leaves the house without taking anything or causing any damage. Which one of the following best describes the criminal offence the man has committed?
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Burglary under the Theft Act 1968 occurs when a person enters a building as a trespasser with the intent to commit theft, inflict grievous bodily harm, or cause criminal damage. The man entered the house as a trespasser with the intention to steal, which constitutes burglary. The fact that he did not take anything or cause damage does not negate the offence of burglary.
Key Point: Burglary is committed by entering a building as a trespasser with the intent to commit theft, inflict grievous bodily harm, or cause criminal damage. The intention at the time of entry is crucial for establishing the offence.
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