0F03- Burglary (NOT EXAM 2)

Question 1

Offence- Burglary

Answer 1

Crimes Act
Section 231 (1) 
P= Not exceeding 10 Years
Power of arrest= Section 315 crimes act.

Question 2

What are the elements of Burglary?

Answer 2

1) Enters
2) Any building OR Any Ship OR Any part of a building OR any part of a ship.
3) Without Authority
4) With intent to commit an imprisonable offence in the building OR With intent to commit an imprisonable offence in a ship.

Question 3

Define enters….

Answer 3

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.

Question 4

Define Any building……

Define Any part of building…..

Answer 4

Any or part of any building or structure of any description, whether permanent or temporary and includes a tent, caravan, or house boat & also includes any enclosed yard or any closed cave or tunnel.

Question 5

Define Any Ship….

Answer 5

Any vessel used in navigation, however propelled.

Question 6

Define Without Authority……

Answer 6

An absence of authority, either expressed or implied from a person the defendant believes is legally able to give consent.

Question 7

Define With intent to commit an imprisonable offence in the building
…in the ship

Answer 7

There MUST be an intention to commit an imprisonable offence in the building or in the ship.
Catergory 2,3,4, offence.

Question 8

Define Artifice ……

Answer 8

Involves being cunning, skilled, artful.
Eg- Promising a young child sweets if they open the door or making up a false thing about who you are to gain entry…. Phone line person - I need to check your phone lines etc.