Burglary Flashcards

1
Q

Burgalary is?

A

Enters any building or ship, or part of a building or ship, without authority and with intent to commit a imprisonable offence.

OR

Having entered any building or ship, remains in it without authority and with intent to commit an imprisonable offence in the building or ship

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2
Q

Burglary element one

A

Enters- Entry is complete as soon as any part of the body of the person or instrument used by the person is within the building or ship.

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3
Q

Burglary element 2

A

Any building or structure or ship

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4
Q

Burglary element 3

A

Without authority- An absence of authority from a person the defendant believes is illegally able to give consent.

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5
Q

Burglary element 4

A

With intent to commit an imprisonable offence in a building or ship- There must be an intention to commit an imprisonable offence.

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6
Q

Enters two different ways

A

Threat- if you don’t open the door, I’ll set fire to the house.

Artifice- Promising a young child sweets if he or she opens the door.

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7
Q

Having entered means? Remains without authority means?

A

1) Offender has entered the building or ship
Illegally and then decided to make a imprisonable offence.

2) The offender turns there mind to a criminal act being already in a shop.

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8
Q

Aggravated burglary

A

Burglary with a weapon.

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