Burglary Flashcards

0
Q

What are the ingredients of burglary (having entered)

A
Having entered
Any building
Or
Any ship
Remains without authority
With intent to commit an imprisonable offence in the building
Or
Ship
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1
Q

What are the ingredients of burglary (enters)

A
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
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2
Q

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

A

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

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3
Q

Define any building

A

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

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4
Q

Define any ship or any part of any ship

A

Any vessel used in navigation, however propelled
Or
Part of any vessel used in navigation, however propelled

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5
Q

Define any part of any building

A

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.

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6
Q

Define without authority

A

An absence of authority, either expressed or implied, from a person legally able to give consent

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7
Q

Define with intent to commit an imprisonable offence in the building or ship

A

There must be an intention to commit an imprisonable offence in the building or ship.

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8
Q

Define having entered

A

Is physically inside the building or ship

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9
Q

Define remains without authority

A

Remains when consent to be within the bulking or ship no longer applied

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10
Q

Where are the powers of arrest for burglary?

S # O T C A #

A

Section 315 of the crimes act 1961 gives the police a power of arrest without warrant for this offence.

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