Burglary

Question 1

Burglary Crimes Act 1961 Section 231(1)(a)

Name the elements:

Answer 1

• Entered

- Any building 
OR
- Any 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 a impressionable offence in the ship

Question 2

Define the following element:

Enters

Answer 2

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.

Question 3

Define the following element:

Any building

Answer 3

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.

Question 4

Fill the gaps:

Any building or _____ of any description, whether permanent or temporary; and includes a tent, _____, or houseboat; and also includes any enclosed ___ or any closed ____ or closed tunnel.

Answer 4

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.

Question 5

Define:

Any ship

Answer 5

Any vessel used in navigation, however propelled.

Question 6

Define the following element:

Without authority

Answer 6

An ABSENCE of AUTHORITY, either EXPRESSED OR IMPLIED, from a PERSON the defendant believes is LEGALLY able to give consent.

Question 7

Fill in the gaps of the following definition of the element: Without authority

An absence of ______, either expressed or ____, from a person the defendant believes is _____ able to give consent.

Answer 7

An absence of AUTHORITY, either expressed or IMPLIED, from a person the defendant believes is LEGALLY able to give consent.

Question 8

Define the following element:

With intent to commit an imprisonable offence in the building
OR
With intent to commit an imprisonable offence in a ship

Answer 8

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

Question 9

Fill in the gaps of the following definition of the element: With intent to commit an imprisonable offence in the building

There must be an ______ to commit an ______ offence in the building

Answer 9

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

Question 10

Burglary (Having Entered) Crimes Act 1961 Section 231(1)(b)

Name the elements:

Answer 10

• Having entered
• Any building
  OR
  Any ship
• Remains without authority
• With intent to commit an imprisonable offence in the
  building
  OR
  ship

Question 11

Offence: Burglary (Having Entered)
Define the following element:

Having entered

Answer 11

Is PHYSICALLY INSIDE the BUILDING or SHIP.

Extra info: The offender has entered the building, ship or enclosed yard legally and LEGITIMATELY and then decides to commit an imprisonable offence.

Question 12

Offence: Burglary (Having Entered)
Define the following element:

Remains without authority

Answer 12

REMAINS when CONSENT to be within the BUILDING or SHIP NO LONGER APPLIES.

Question 13

How is aggravated burglary different to burglary?

Answer 13

A) while committing burglary, has a weapon with him or her or uses anything as a weapon; or

b) having committed burglary has a weapon with him or her, or uses anything as a weapon, while still in the building or ship.

Have to ascertain the item is a weapon