Break and Enter Flashcards
What are the proofs of Break and Enter 112?
The accused
Break and entered
A dwelling or any other building
Commit the serious indictable offence
Alternatively if whilst inside.
Commits serious indictable offence.
Then broke out.
What are the two types of breaks?
Actual and Constructive.
What are the three types of constructive breaks
Threats
Fraud
Conspiracy
What are some types of a seal being broken?
Opening closed door or window.
Opening cellar flap held down only by gravity.
Includes internal doors.
What are not considered a break?
If door or window partly open includes internal doors.
What constitutes entry?
Any part of the offenders body however small. R v Davis
Can an instrument constitute an entry.
If using an instrument only, must be for the purpose of accomplishing the serious indictable offence R v Rust and Ford
Describe dwelling house?
Section 4 Crimes Act - Any building or structure for occupations, capable of occupation, even if never been occupied.
Also includes any structure within curtilage ancillary to occupation.
Can you break and enter your own house?
Must be a dwelling of another. Although it requires occupation not ownership. Landlord and can break and enter an owned property.
Serious Indictable offence is what?
An offence punishable by 5 years or more.
If an offender knows that there is a person present where the offence is committed what does this constitute?
It is an aggravating circumstance under S.105A.
Name two special aggravating circumstances?
Accused wounds or GBH any person.
Armed with dangerous weapon.
Dangerous weapon includes?
Firearm
Prohibited weapon
Spear gun.
An alternative verdict under S.115(A) allows for what?
It allows for alternative verdicts in descending order. It can not be found in that alternative that a higher offence was committed.
This section is not available in the local court.
What is meant by the term being armed?
Miller v Hrvojevic - To be armed means more then mere possession, it must be available for immediate use.
