Breaking (Property) Offences Flashcards
What are the circumstances of Aggravation for a Break and Enter as defined in section 105A of the Crimes Act?
- Armed with offensive weapon
- In company
- Use corporal violence
- Intentionally or recklessly inflicts ABH
- Deprives a person of their liberty
- Knows persons present at the time
What are the circumstances of Special Aggravation for a break and enter as defined in section 105A of the Crimes Act?
- Intentionally wounds or inflicts GBH on any person.
- Inflicts GBH and is reckless to inflicting ABH.
- Armed with a dangerous weapon.
What is the section and proofs of Break, Enter and Commit Serious Indictable Offence?
S112 Crimes Act (1) A) The accused -Break -Enters -Dwelling House or other building -Commits serious indictable offence therein.
B) The accused
- Being in dwelling or other building
- Commits serious indictable offence therein,
- And breaks out
What is the section and proofs for receiving stolen property (serious and minor)?
S188 for serious
S189 for Minor
The accused
Received OR Disposed OR attempted to disposed
Propery that was stolen
That such stealing was a serious (or minor) indictable offence
Knowing that it was stolen
What is required by the accused to satisfy knowing the property was stolen?
Belief OR knowledge
Is suspicion of goods being stolen enough to satisfy Receiving?
No.
What is the doctrine of recent possession?
The property is stolen
The accused had possession of the property
The possession was recent to the actual theft
There is no credible explanation consistent with the accused innocence.
What must you prove to prove receiving?
Larceny
What are the two types of breaks with regards to a break and enter offence?
- ACTUAL
- CONSTRUCTIVE
What are the three types of a CONSTRUCTIVE break with regards to a break and enter offence?
- Threat
- Fraud
- Conspiracy
