Burglary

Question 1

For Burglary, define enters

Answer 1

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

Question 2

Elements for burglary

Answer 2

1. Enters
2. Any building, ship or any part of building or any part of ship
3. Without authority
4. With intent to commit an imprisonable offence in that building/ship

Question 3

For burglary, define any building

Answer 3

Any building or structure of any description, whether permanent or temporary

Question 4

For burglary, define any ship

Answer 4

Any vessel used in navigation, however propelled

Question 5

For burglary, define part of any building

Answer 5

Part of any building or structure of any description whether permanent or temporary

Question 6

For burglary, define part of any vessel

Answer 6

Part of any vessel in navigation, however propelled

Question 7

For burglary, define without authority

Answer 7

An absent in authority, either expressed or implied, from a person the defendant believes is legally able to give consent

Question 8

For burglary, define with intent to commit an imprisonable offence in the building/ship

Answer 8

There must be an intention to commit an imprisonable offence in a ship/building

Question 9

What section is burglary

Answer 9

Section 231 (1) (a)
Crimes Act 1961

Question 10

What section is aggravated burglary

Answer 10

Section 232
Crimes Act 1961

Question 11

What is aggravated burglary

Answer 11

(a) while commuting burglary, has a weapon with him or her or uses anything as a weapon

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

Question 12

Define remains without authority

Answer 12

When he or she remains in the premises to steal something (after Hours)

Question 13

Define artifice

Answer 13

Involves being “cunning, skilful, artful”
Eg. Promising a young child sweets if they open the door