Burglary - 1

Question 1

Outline 3 elements for the offence of burglary

s76 CA 1958

Answer 1

The offence has the following three elements:

1. The accused entered a building (or part of a building);
2. The accused did so as a trespasser; and
3. The accused intended to:

a. Steal something from the building or part in question; or
b. Commit an offence punishable by imprisonment for a term of 5 years or more involving either:
(i) An assault to a person in the building or part in question; or
(ii) Damage to the building or to property in the location (Crimes Act 1958 s76).

Question 2

How do you define a

‘building’

Answer 2

Whether or not a structure is a “building” is a question of fact for the jury.

Relevant characteristics include

• size, weight,
• permanence of position,
• presence of doors and locks, and the availability of electricity

Question 3

can vehicles and vessels be treated as

buildings

Answer 3

Inhabited

vehicles and vessels are treated as “buildings”

for the purposes of this offence (Crimes Act 1958 s76(2))