Burglary

(1) A person is guilty of burglary if– (a) he enters any building or part of a building as a trespasser and with intent to commit any such crime as is mentioned in sub-section (2); or (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The crimes referred to in sub-section (1) (a) are the crimes of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or raping any woman therein, and of doing unlawful damage to the building or anything therein. (3) References in sub-sections (1) and (2) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is. (4) A person guilty of burglary shall be punished as follows– (a) on conviction on indictment, to a term of imprisonment which shall not be less than ten years but which may extend to fifteen years; (b) on summary conviction, to a term of imprisonment which shall not be less than seven years but which may extend to ten years, provided that (whether the case is tried summarily or on indictment) the court may, in the case of a first time offender who has no previous conviction for any offence involving dishonesty or violence, refrain from imposing the minimum mandatory sentence prescribed above if there be special extenuating circumstances which the court shall record in writing, and in lieu thereof, pass such other sentence (whether custodial or non-custodial) as the court shall deem just having regard to the prevalence of the crime and other relevant factors. 108 (5) The offence of burglary or of attempted burglary may be tried summarily without the consent of the accused at the discretion of the Director of Public Prosecutions. CAP. 98. (6) The provisions of this section shall have effect notwithstanding anything to the contrary contained in the Summary Jurisdiction (Offences) Act.