Burglary Flashcards
What does burglary offence come under ?
Crimes act 1961 section 231 (1) (a) &(b)
What are the elements of the offence section 231 (1)(a)
ENTERS ANY BUILDING OR SHIP OR ANY PART OF ANY BUILDING OR PART OF ANY SHIP
WITHOUT AUTHORITY
WITH THE INTENT TO COMMIT A CRIME IN THE BUILDING OR SHIP
What is the definition of enter?
As soon as any part of the body of a person or any instrument used by the offender enters building or ship
What does building mean?
Any structure that is permanent or temporary. This includes tents, motor homes house boats.
What does ship mean?
Any vessel send in navigation however it is propelled. From a boat to a kayak
What does with intent mean?
It means that the offender must have entered the building or ship with the intention to carry out a offence.
I.e someone break me into a house and is planning on stealing a t.v but is then scared off by the owner of the house. The offender has committed burglary even though they haven’t stolen anything.