Burglary - 2

Question 1

when a person is permitted to enter

‘part of a building’

Is he therefore permitted to enter other parts of the building

Answer 1

Sometimes a person will be lawfully allowed

(i) to enter certain parts of a building,
(ii) but prohibited from entering other parts.

This first element of the offence of burglary will be met

if the accused enters an unauthorised“part of a building” (Crimes Act 1958 s76(1))

Question 2

_{part of a building cont….}.

Under the 2 distinguishable parts of a building

(i) where the accused could lawfully enter
(ii) and the remainder of the building

do they need to be clearly marked in order for the offence of burglary to have been committed

Answer 2

• While these “parts” do not need to be physically marked but apparent boundaries will be pertinent to the jury’s assessment of whether or not the “part of the building” the accused entered was in fact “off-limits” and
• whether or not the accused was aware of that fact.
• These considerations will be relevant for the purpose of determining whether the accused was knowingly trespassing (the second element) (R v Walkington [1979] 1 WLR 1169)

Question 3

For the offence of Burglary to have been committed

what does “accused entered the building” require the prosecution to prove

Answer 3

requires the prosecution to prove that the accused entered the building (or part of the building) without right or authority to enter (Barker v R (1983) 153 CLR 338).

The prosecution must also prove that the accused entered the building (or part of the building):

(i) Knowing that he or she had no right or authority to enter; or
(ii) Being reckless as to whether he or she had any right or authority to enter (Barker v R (1983) 153 CLR 338)

Question 4

In order for the element of ‘Intent’ to be satisfied

what must the accused have committed

Answer 4

The accused entered the building (or part of the building) with an intention:

• To steal anything of value which may be inside;
• To assault any person who he or she may find inside; or
• To assault a particular person if he or she finds them inside (R v Verde [2009] VSCA 16; R v Walkington [1979] 1 WLR 1169; R v Garlett (1987) 31 A Crim R 75).