Burglary Flashcards
What are the ingredients of burglary (having entered)
Having entered Any building Or Any ship Remains without authority With intent to commit an imprisonable offence in the building Or Ship
What are the ingredients of burglary (enters)
Enters Any building Or Any ship Or Any part of any building Or Any part of any ship Without authority With intent to commit an imprisonable offence in the building
Define enters
E I C A S A A P O T B O T P O I U B T P I W T B O S
Entry is complete as soon as any part of the body of the person or instrument used by the person is within the building or ship
Define any building
Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel
Define any ship or any part of any ship
Any vessel used in navigation, however propelled
Or
Part of any vessel used in navigation, however propelled
Define any part of any building
Part of any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
Define without authority
An absence of authority, either expressed or implied, from a person legally able to give consent
Define with intent to commit an imprisonable offence in the building or ship
There must be an intention to commit an imprisonable offence in the building or ship.
Define having entered
Is physically inside the building or ship
Define remains without authority
Remains when consent to be within the bulking or ship no longer applied
Where are the powers of arrest for burglary?
S # O T C A #
Section 315 of the crimes act 1961 gives the police a power of arrest without warrant for this offence.