Burglary Flashcards
What is Burglary?
Burglary is the offence of entering, any building or a ship without authority with the intent to commit an imprisonable offence.
What are the 4 elements of Burglary (enters)?
1.Enters
2.Any building or any ship or any part of building or any part of ship.
3.Without authority
4.With the intent to commit an imprisonable offence in that building or ship.
What are the 4 elements of Burglary (having entered)?
1.Having entered (already inside)
2.Any building or ship
3.REMAINS Without authority
4.With the intent to commit an imprisonable offence in that building or ship.
What is aggravated Burglary?
It is just like burglary but while “committing” it has a weapon OR having “committed” it has a weapon.
What does Enters mean?
As soon as a persons part of body or instrument enters a building or ship.
What does Any building mean?
Any building includes: houses, tents, caravans, closed caves and or closed tunnels.
What does Any ship mean?
Any ship means: Ocean liners or Row boats
What does Without authority mean?
No legal obligation or reason to be in that premise. E.g: a private room on a yacht.
What does Artifice mean?
Artifice means: cunning, skilled. E.g: making a fake ID to get into authorised personal only zones.
What does ‘With the intent to commit an imprisonable offence’ mean?
In their mind deliberately wanting to commit an offence. E.g: Havin entered a private room, but then scared off by owner, the intent to commit the offence was there even tho they didn’t succeed.
What does Having entered mean?
Already in the building or ship, but then decides to commit an imprisonable offence. E.g: staying behind in a supermarket after it’s been shut. Then stealing some chips and getting out.
What does remains without authority mean?
Staying after legal authority has been lifted. E.g staying/hiding in countdown after it’s closed.
