Burglary Flashcards
What are the elements for burglary?
Enters.
Any building.
OR
Any ship.
OR
Any part of building.
OR
Any part of a ship.
Without authority.
With intent to commit an imprisonment offence in the building.
OR
With intent to commit an imprisonment offence in a ship.
What is the Act and section for burlary?
Crimes Act 1961 section 231(1)(a)
What is enters proven by?
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.
What is the maximum penalty for burglary?
10 years.
What is any building OR Any ship OR Any part of a building proven by?
Any building or structure of any description, whether permanent or temporary and includes a tent, caravan, or houseboat and also includes any enclosed yard or any closed cave or closed tunnel.
Any vessel used in navigation, however, propelled.
Part of any building or structure of any description, whether permanent or temporary and includes a tent,caravan, or houseboat and also includes any enclosed yard or any enclosed cave or closed tunnel.
Part of any vessel used in navigation, however propelled.
What is without authority proven by?
An absence of authority either expressed or implied from a person the defendant believes is legally able to give consent.
OR
When entry is gained by use of a threat or artifice.
What is With intent to commit an imprisonment offence in the building.
OR
With intent to commit an imprisonment offence in a ship prove by?
There must be an intention to commit an improsonable offence in the building.
OR
There must be an intention to commit an imprisonment offence in the ship.