Burglary Flashcards
Where is the offence of the burglary found?
In the crimes act 1961 – section 231 (1)
The power of a rest without warrant for this offence is found in?
Section 315 of the crimes act 1961.
What are the elements of burglary?
- Enters
- Any building OR ship OR any part of a building OR any part of a ship
- Without authority
- With intent to commit an imprisonable offence in the building OR with intent to commit an Impressionable offence in a ship
What does entry mean?
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.
What does a building mean?
Includes houses, we houses, shops etc with a permanent or temporary.
What does a ship mean?
Including ocean liners through to rowboats.
What does part of a building mean?
And offender into the building or ship legitimately. Offender forms and intent and then enters another part of the building or ship.
What does without authority mean?
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.
What does intent to commit and imprisonable offence within the building or ship mean?
- must be a prisonable offence
* intent includes someone entering a house to steal property that was frightened off before they did so.
What does artifice mean?
Cunning or skilled.