Burglary Flashcards

1
Q

Where is the offence of the burglary found?

A

In the crimes act 1961 – section 231 (1)

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2
Q

The power of a rest without warrant for this offence is found in?

A

Section 315 of the crimes act 1961.

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3
Q

What are the elements of burglary?

A
  1. Enters
  2. Any building OR ship OR any part of a building OR any part of a ship
  3. Without authority
  4. With intent to commit an imprisonable offence in the building OR with intent to commit an Impressionable offence in a ship
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4
Q

What does entry mean?

A

Entry is as soon as an offender’s foot goes inside and open doorway to a building. As soon as an item passes through the inside of the window. Jumping over a fence. Cutting wire fences.

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5
Q

What does a building mean?

A

Includes houses, we houses, shops etc with a permanent or temporary.

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6
Q

What does a ship mean?

A

Including ocean liners through to rowboats.

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7
Q

What does part of a building mean?

A

And offender into the building or ship legitimately. Offender forms and intent and then enters another part of the building or ship.

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8
Q

What does without authority mean?

A

Into the building or ship or enclosed yard without authority. Or members of the public enters an area (e.g. back of a shop) that they do not have access to.

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9
Q

What does intent to commit and imprisonable offence within the building or ship mean?

A
  • must be a prisonable offence

* intent includes someone entering a house to steal property that was frightened off before they did so.

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10
Q

What does artifice mean?

A

Cunning or skilled.

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