burglary Flashcards
what is the penalty for burglary
a maximum of 10 years imprisonment
what section is burglary enters under
Section 231(1) of the Crimes act 1961
what does section 315 of the crimes act give
the powers of arrest without a warrant for burglary
what are the elements of burglary entering
enters, any building OR ship OR part of building OR part of ship, without authority, with intent to commit an imprisonable offence in the building OR in a ship
what is enters
is complete as soon any part of the body of the person or any part of any instrument used by that person, is within the building or ship
what does a building include
any building or structure of any description whether permanent or temporary, includes a tent, caravan, houseboat, enclosed yard/cave/tunnel
what does a ship include
any vessel used in navigation, however propelled
what is without authority
an absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent
what do imprisonable offences include
theft, assault, wilful damage, etc
what section is burglary having entered under
Section 231(1)(b) of the crimes act 1961
what are the elements of a burglary having entered
having entered, any building OR ship, remains without authority, with intent to commit an imprisonable offence in the building OR ship
what does having entered mean
is physically inside the building or ship
what is remains without authority
remains when consent to be within the building or ship no longer applies. e.g the person remains in the store after hours to steal
what is artifice
being cunning, skilled and artful. e.g making up a fake identification to get in the house
what is the penalty for aggravated burglary
imprisonment not exceeding 14 years
