Burglary

Question 1

Define Burglary

Answer 1

Enters any building or ship, or part of any building or ship OR remains, having entered, without authority and with intent to commit an imprisonable offence in the building or ship.

Question 2

What are the elements of Burglary in section 231(1)(a)?

Answer 2

• Enters
• Any building/enclosed yard OR ship OR any part of a building OR any part of a ship
• Without authority
• With intent to commit and imprisonable offence in the building or a ship.

Question 3

What are the elements of burglary in section 231(1)(b)?

Answer 3

Having entered
Any building or ship
Remains without authority
With intent to commit and imprisonable offence in the building or ship.

Question 4

Define enters

Answer 4

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

Question 5

Define building or ship

Answer 5

Any building or structure of any description, whether permanent or temporary, and also includes a tent, caravan, or houseboat. It also includes any enclosed yard, closed cave or closed tunnel.

Question 6

Define without authority

Answer 6

An absence of authority, either expressed or implied, from a person the defendant believes is legally aloud to give consent.

Question 7

Define intent to commit an imprisonable offence within the building or ship

Answer 7

There must be indication of intention to commit an imprisonable offence in that building or ship, those elements must be present too.

Question 8

Where do the powers to arrest come from in a burglary?

Answer 8

Section 315(2)(a)+(b) Crimes Act 1961