Burglary Flashcards
What are the elements of burglary?
Enters
Any building or 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 an imprisonable offence in a ship
What are the elements of burglary (having entered)?
Having entered
Any building or any ship
Remains without authority
With intent to commit an imprisonable offence in the building or ship
What does enter mean?
Offenders foot goes inside the door, tip of a screw driver/jemmy bar passes through the inside of a window/door, jumping over a fenced off yard or using wire cutters to cut a hole in fence, pushing a fishing rod through an open window in an attempt to take property
What does building mean?
Houses, warehouses, tent, caravan, closed caves, closed tunnel, shops. Whether permanent or temporary
What does a ship mean?
Ocean liners through to row boats
What does without authority mean?
Without authority means that you have not been authorised by a person (who is entitled to authorise you) to either enter or remain in a building
What does artifice mean?
Being cunning, skilled, artful
What does having entered mean?
Offender has entered the building, ship or enclosed yard legally and legitimately and then decides to commit an imprisonable offence
What does part of a building or a ship mean?
After entering legitimately and without intent to commit an imprisonable offence, the person enters another part of a building or ship that they are not authorised to enter, with intent to commit an imprisonable offence
What does remains without authority mean?
Authority to remain in a building or ship has been removed, then the person forms intent to commit an imprisonable offence whilst remained in the premises
What does intent to commit an imprisonable offence in the building or ship mean?
The offence must be an imprisonable one. They do not need to commit or even attempt the act. All that is required is the necessary intent.
What is aggravated burglary?
The elements for burglary or burglary (having entered) need to be proved, then the person would also need to have a weapon with him or her. This does not need to be physical. The weapon just needs to be readily accessible.
