Break and Enter

Question 1

What are the different types of break

Answer 1

Actual (broken seal)
Constructive (trick, artifice or threat)

Question 2

What are the elements of a break and enter?

Answer 2

The elements to this offence are;
Break
Dwelling house or other building
Enter or break out
Commit Serious Indictable Offence

Question 2

What is the case law of BA v KING?

Answer 2

The Court held that the composite elements of “breaks and enters” in s 112(1)(a) require a trespass, being entry into premises of another without lawful authority.

Question 3

What are the circumstances of Aggrevation?

Answer 3

1. armed with an offensive weapon, or instrument,
2. in company of another person or persons,
3. uses corporal violence
4. intentionally or recklessly inflicts actual bodily harm on any person,
5. deprives any person of his or her liberty,
6. person on premises.

Question 4

What are the cirumstances stances of special aggreviation?

Answer 4

1. wounds or intentionally inflicts grievous bodily harm on any person,
2. grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
3. the alleged offender is armed with a dangerous weapon.