0F03 - BURGLARY Flashcards
Where in legislation is BURGLARY found?
Crimes Act 1961, Section 231 (1) (a) and (b)
What is the PENALTY for burglary?
Term in imprisonment not exceeding 10 years
What are the ELEMENTS of burglary?
- Enters
- Any Building
OR - Any Ship
OR - Any part of any building
OR - Any part of a ship
- Without authority
- With an intent to commit an imprisonable offence in the building
OR - With an intent to commit an imprisonable offence in a Ship
Define the element ‘Enters’
- Entry is complete as soon as any part of the body of the person or instrument used by the person is within the building or ship.
Define the element ‘Any Building’.
- Any building or structure of any description
- Whether permanent or temporary
- And includes a tent, caravan, or houseboat;
- And also includes any enclosed yard or
- Any closed cave or closed tunnel
Define the element ‘Any Ship’
- Any vessel used in navigation, however propelled
Define the element ‘Any part of any building’.
- Part of any building or structure of any description
- Whether permanent or temporary
- And includes a tent, caravan, or houseboat;
- And also includes any enclosed yard or
- Any closed cave or closed tunnel
Define the element ‘Any part of a ship’.
- Part of any vessel used in navigation, however propelled
Define the element ‘Without Authority’.
- An absence of authority
- either expressed or implied
- from a person legally able to give consent
Define the element ‘With intent to commit an imprisonable offence in the building OR ship’
- There must be an intention to commit an imprisonable offence
- In the building or ship.
List the ELEMENTS for the offence of ‘Burglary (Having Entered)’
- Having Entered
- Any Building
- Remains without authority
- With an intent to commit an imprisonable offence in the building
OR - Ship
Define the element ‘Having entered’
- Is physically inside the building or ship
Define the element ‘Remains without consent’
- Remains when consent to be within
- the building or ship
- no longer applies
What are the elements of an ‘Aggravated Burglary’ WHILE COMMITTING and HAVING COMMITTED?
- While committing burglary: has a weapon with him/her OR uses anything as a weapon
- Having committed burglary: has a weapon with him or her OR uses anything as a weapon while still in the building or ship.
Define the element ‘Artifice’?
Entry has been obtained by permission the nature of the act (threat or artifice) causes the authority, either expressed or implied, to be neglected. ENTER WITHOUT AUTHORITY.
