Burglary?

[kevgerlan]

I recently committed a crime, I broke into a building to have a word with someone (who I had found out had slept with my partner) who worked there, which I have admitted to the police when interviewed. Now the people who own the building are stating that I have stolen cash and that i had the intention of stealing a printer, as my prints were on it. I have explained that I was very drunk but I had no intention of stealing or causing injury to any person inside the building. I have now been charged with burglary and am on bail until the 9th of April, when I will attend magistrates court. What is likely to happen if I plead not guilty
? I have admitted to causing criminal damage to the door and damage to the inside while stumbling over intoxicated.

[Gmcd01]

If we ignore the exact charge you have been charged with - s9(1)(a) or s9(1)(b)- and you intend to plead not guilty, you will eventually have a trial date set by the judge for burglary. I presume you already have legal representation, but if not, you will definitely need some. Because 14 years is the maximum sentence for your charge and this exceeds the power of Magistrates, you will be tried in the Crown Court. On the 9th April, the Magistrates will move your case upwards.

[New Judge]

Not quite correct.

Burglary is an “either-way” offence. It can be dealt with (that is tried in the event of a not guilty plea, or sentenced in the event of a guilty plea) EITHER in the Magistrates’ court OR the Crown Court. In the event that you plead not guilty the process which determines where it is dealt with goes like this:

Firstly the magistrates will be given the details of the allegation by the prosecution. They then decide (based upon what they are told and taken at its highest) whether to retain jurisdiction. If they decline to keep the case you will be committed to the Crown Court. The committal is a formal process undertaken by the magistrates and it will not take place that same day. You will have to return to the magistrates a few weeks later to be committed.

If they retain jurisdiction you will then be asked if you want to be tried in the magistrates’ court or by judge and jury in the Crown Court. If you decide you want to be tried by magistrates you will be given a trial date (with possibly a “pre-trial review” date beforehand). If you decide on the Crown Court you will be committed as above.

Note that you have a right to a Crown Court trial if the magistrates decide to retain jurisdiction, but you do not have the right to a magistrates’ court trial if they do not.

From your brief description this is a “non-domestic” burglary (for which the maximum penalty is ten years custody, not fourteen) at the very lowest end of the scale of seriousness, and the magistrates are very likely to agree to retain jurisdiction.

You would, nonetheless, be wise to get legal representation.

[Gmcd01]

Quite right NJ, and for some strange reason, I read the question as the guy was sleeping there, rather than had slept with someone- hence my thought train of domestic burglary. In my (flimsy) defence, I was still on my first coffee this morning when I typed that...I'll get my coat.

[kevgerlan]

The owner of the building is saying i have stolen £60 in cash, and have attempted to steal a printer ebcause it had moved from a shelf and onto the floor. The person was not sleeping in the property, but he works there, as his family own the property. Why would they say i have stolen £60 when i haven't and also the police have told me, no-one at all had been there between 9pm and 2am, the crime took place between those hours, but i was only there for 10 mins max, I left when i realised the person i wanted to speak to was not there. The duty solicitor stated in my interview that anyone could have gone there after me and moved things or stolen money. Would that stand up in court?

[kevgerlan]

Can anyone help? My solicitor is telling me to plead guilty, as there is no proof that I did nor didn't steal the money

[boxtops]

I'm not a legal person but I wouldn't want to plead guilty to theft if I didn't do it. You obvuiously have to plead guilty to the breaking and entering part, because you did it.

[dh001]

kevgerlan: out of interest, where (exactly) does the complainant state the money was stolen from?.

Do you have any previous convictions for theft offences (includes burglary etc)?.

[AlBags]

Is it possible that this other guy nicked the cash, in the knowledge that he could set you up?
If your prints were on a "moved" printer, then it's logical to assume they would be everywhere else you had been, including on what the cash was in. Do you know where the cash was supposed to be, by any chance?

[dh001]

kevgerlan: Let me know how you get on. Basically, if the prosecution can not prove beyond resonable doubt that you have stolen anything and you state you had no intention to harm anyone in the building then technically there is no burglary. (you have indicated the damage was caused by recklessness).

However, a lot will depend on how you answered these questions during formal interviews and as previously mentioned in the thread it may be difficult to contest the allegations if you were so drunk you can not really recall etc.