BURGLARY Flashcards
CRIMES ACT 1961
WHAT IS SECTION 231 (1)(A) AND ELEMENTS
BURGLARY
- Enters
-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 an imprisonable offence in a ship
WHAT DOES THE TERM ENTER MEAN?
Entry is complete as soon as any part of the body of the person or any instrument used by that person, is within the building or ship.
WHAT DOES THE TERM HAVING ENTERED MEAN?
WHAT DOES THE TERM BUILDING MEAN?
Building or structure of any description, whether permanant or temporary.
(Can include - Tent, caravan, houseboat, enclosed yard, closed tunnel)
WHAT DOES THE TERM SHIP MEAN?
Any vessel used in navigation, however propelled.
WHAT DOES THE TERM PART OF ANY BUILDING OR SHIP MEAN?
Part of any building or ship
WHAT DOES THE TERM WITHOUT AUTHORITY MEAN?
An absence of authority, either expressed or implied from a person the defendant believes is legally able to give consent.
WHAT DOES THE TERM REMAINS IN IT WITHOUT AUTHORITY MEAN?
WHAT DOES THE TERM REMAINS IN IT WITHOUT AUTHORITY MEAN?
WHAT DOES THE TERM INTENT TO COMMIT AN IMPRISONABLE OFFENCE WITHIN THE BUILDING OR SHIP MEAN?
There MUST be an intent to commit and imprisonable offence in the building and in the ship
WHAT DOES THE TERM ARTIFICE MEAN?
Being sneaky “cunning, skilled, artful”.
“Wearing a high vis top and entering someones house to say that you are there to check maintanence”.
AGGRAVATED BURGLARY
WHILE COMMITTING BURGLARY:
- Has a weapon with him
OR
- Uses anything as a weapon
HAVING COMMITTED A BURGLARY:
- Has a weapon with him or her
OR
- Uses anything as a weapon while still in the building or ship
CRIMES ACT 1961
WHAT IS SECTION 231 (1) (B) AND ELEMENTS?
BURGLARY (Having entered)
- Enters
- Any Building
OR - Any ship
- Remains without authority
- With intent to commit an imprisonable offence in the building or ship.
