Burglary Flashcards
What is burglary?
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
What is aggrevated burglary?
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.
What are the points of proof for burglary?
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
REMEMBER BURGLARY HAPPENS A THE TIME THE OFFENDER ENTERS THE BUILDING
REMEMBER BURGLARY HAPPENS A THE TIME THE OFFENDER ENTERS THE BUILDING
S77CA Aggevated Burglary
A person is guilty of ag burg if he or she commits a burglary and:
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.
Ag burg points of proof
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.
S49B(1) SOA A person who:
Loiter with intent to commit an I/O
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
What powers do you have for loitering?
S456AACA
S91(1) CA Possess articles for burglary, theft or cheat:
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
Points of proof for Possess articles for Burg, theft or cheat
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