Burglary

Question 1

Elements of Burglary

Answer 1

-enters
-any building/ship
-any part of a building/ship
-without authority
-with intent to commit an imprisonable offence in the building/a ship

Question 2

Elements of Burglary (having entered)

Answer 2

-having entered
-any building/ship
-remains without authority
-with intent to commit and imprisonable offence in the building/ship

Question 3

Explain Enters

Answer 3

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 building/ship

Question 4

Explain Having entered

Answer 4

Is physically inside the building or ship

Question 5

Explain Building

Answer 5

Any building or structure permanent or temporary

Question 6

Explain Ship

Answer 6

Any vessel used in navigation, however propelled

Question 7

Explain Part of building or ship

Answer 7

-part of any building or structure
-part of any vessel
-enters legitimately but enters another part of building/ship with intent to commit

Question 8

Explain Without Authority

Answer 8

An absence of authority from a person the defendant believes is legally able to give consent

Question 9

Explain Remains without authority

Answer 9

Remains when consent to be within the building or ship no longer applied

Question 10

Explain Intent to commit an imprisonable offence within the building or ship

Answer 10

The offence must be an imprisonable offence and it must be intentional

Question 11

Explain Artifice

Answer 11

Involves being cunning or skilled.
Negates authority by nature of act (threat or artifice)

Question 12

Understand Aggravated Burglary

Answer 12

14 years
-while committing burglary has or uses weapon
-having committed burglary has weapon while still in building or ship
5years
-armed with weapon intent to commit burglary