Burglary

Question 1

Power of arrest without warrant for burglary offences

Answer 1

Crimes Act 1961 S.315

Question 2

There are two types of burglary, what is the difference?

Answer 2

Enters without authority
&
Having entered, remains without authority

Question 3

Elements of: CA 1961 S.231 (1) (b)

Answer 3

1. Having entered
2. Any building OR ship OR part of a..
3. Remains without authority
4. With intent to commit an imprisonable offence in the building OR ship

Question 4

Meaning of: having entered

Answer 4

Is physically and legitimately inside

Question 5

Meaning of: building, ship or part of

Answer 5

Building - temp or per structure
Ship - any vessel
Part of - incl. yards, rooms within

Question 6

Meaning of: Remains without authority

Answer 6

Remains after consent or authority to be inside is revoked

Question 7

Elements of CA 1961 S.231 (1)(a)

Answer 7

1. Enters
2. Any building OR ship OR part of
3. Without authority
4. With intent to commit an imprisonable offence within that building OR ship

Question 8

Meaning of: enters

Answer 8

Any part of the body or instrument use goes inside the building OR ship

Question 9

The intent to commit

Answer 9

The intended offence does not have to be carried out, just intended

Question 10

What is the penalty for burglary

Answer 10

10 years

Question 11

What is present in aggravated burglary

Answer 11

1. A weapon is present during the burg
2. A weapon is used during the burg

Penalty is 14 years

Question 12

Artifice/threats

Answer 12

A way the offender tricks into being given false authority

Question 13

What affects the burglary code chosen?

Answer 13

• time of day/night

- value of the items stolen (if any) not the value of damages