Burglary Flashcards
Burgalary is?
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
Burglary element one
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.
Burglary element 2
Any building or structure or ship
Burglary element 3
Without authority- An absence of authority from a person the defendant believes is illegally able to give consent.
Burglary element 4
With intent to commit an imprisonable offence in a building or ship- There must be an intention to commit an imprisonable offence.
Enters two different ways
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.
Having entered means? Remains without authority means?
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.
Aggravated burglary
Burglary with a weapon.