Burglary Flashcards

1
Q

What is burglary?

A

When a person enters building as a trespasser with the intent to do one of three things - steal, assult a person inside or damage the building or part of the building.
I/O

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2
Q

What is aggrevated burglary?

A

An aggravated burglary occurs when burglary is committed and the person is in possession of weapon or explosive or when someone is present in the building.

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3
Q

What are the points of proof for burglary?

A

Identity
Entry to a building or part of a building
as a tresspasser
with intent to:
steal
Commit an assault
Damage the building or property inside

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4
Q

REMEMBER BURGLARY HAPPENS A THE TIME THE OFFENDER ENTERS THE BUILDING

A

REMEMBER BURGLARY HAPPENS A THE TIME THE OFFENDER ENTERS THE BUILDING

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5
Q

S77CA Aggevated Burglary
A person is guilty of ag burg if he or she commits a burglary and:

A

At the time has with him/her any firearm, explosive or immatation firearm or explosive or any offensive weapon
At the time of entering the building or part of the building a person was present in the building or part of the building and he/ she knew that a person was present or was reckless as whether or not a person was present.

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6
Q

Ag burg points of proof

A

identity
entered building/ part of
as a trespasser
with intent to steal or commit an assault or cause damage to building or property in it
knew a person was present
had with them at the time of entry a weapon.

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7
Q

S49B(1) SOA A person who:
Loiter with intent to commit an I/O

A

Is known or reputed thief or is known or reputed to have committed drug related offences and
Is loitering in a public place and
Is so loitering with intent to commit an I/O and
While so loitering engages in conduct in the furtherance of the commission of that I/O

MUST COVER ALL BASES

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8
Q

What powers do you have for loitering?

A

S456AACA

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9
Q

S91(1) CA Possess articles for burglary, theft or cheat:

A

A Person shall be guilty of an S/O if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary, theft or cheat

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10
Q

Points of proof for Possess articles for Burg, theft or cheat

A

Identity
when not at their place of abode
has with him/her
any article
for use of or in connection with:
Burg
Theft or cheat

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