Burglary Flashcards
Crimes Act 1961 Section 231(1)(a)
BURGLARY (Enters)
Elements & Penalty
Enters
Any building or any ship
Any part of building or any part of ship
Without authority
With intent to commit an imprisonable offence in the
building OR ship
10 years imprisonment
BURGLARY (Having Entered)
Crimes Act 1961 Section 231(1)(b)
Elements & Penalty
Having entered
Any building
OR Any ship
Remains without authority
With intent to commit an imprisonable offence in the
building OR ship
10 years imprisonment
Enters v Having Entered
（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） the building or
ship.
Is physically inside the building or ship
Any building OR Any part of
Any building or structure
OR
Part of any building or structure…
Without any authority.
(An absence of authority),
either expressed or implied, from a person
(the defendant believes is legally able to give consent).
Without authority
（Threat & Artifice）
威胁或者诡计，巧妙的方法
Remains without authority
（Remains when consent to be within）
the building or ship
（no longer applies）
With intent to commit an imprisonable
offence in the building OR ship
There must be an
(intention to commit an imprisonable offence in the
building OR ship）
Aggravated Burglary Section 232,
1.Everyone is liable for a term not exceeding 14 years who:
(a)While committing burglary, has a weapon with him or her or uses anything
as a weapon; or
(b)Having committed burglary has a weapon with him or her, or uses anything
as a weapon, while still in the building or ship
- Everyone is liable to imprisonment for a term not exceeding 5 years
who is armed with a weapon with intent to commit burglary
1.在下列情况下，每个人须承担不超过14年的刑期:
(a)行窃时携带武器或使用任何物品作为武器;或
(b)行窃后携带武器或使用任何物品作为武器，当还在建筑
物或船上时
2. 任何人均可被判处不超过5年的监禁
谁带着武器意图入室行窃
