Burglary

Question 1

Ingredients of burglary and section penalty

Answer 1

231(1)(a) 10 years

Enters

Any building or ship

Without authority

With intent to commit an imprisonable offence in the building or ship

231(1)(b) 10 years

Having entered any building or any ship

Remains in it without authority

With intent to commit an imprisonable offence in the building or ship

Question 2

R v Collins

Answer 2

There cannot be a conviction for entering a premises as a trespasser unless the person entering does so knowing he is a trespasser and deliberately enters or reckless whether or not he is entering the premises of another without the other party’s consents

Question 3

Police v Pitman

Answer 3

The weapon carries meaning ‘something used to inflict body injury’ and any other items which the defendant intend to use to inflict bodily harm should the need arise

Bodily injury need not be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon

Question 4

R v Steele

Answer 4

To use may be limited to the defendant revealing by words or conduct. The actual presence of or readily availability of huge item so long as the have the weapon in their possession or readily available

Question 5

Anything as a weapon

Answer 5

Under this provision the item is not necessary one that made to inflict bodily injury, it is any item capable of inflicting bodily injury as long as the person using it intends it to be used for such purpose

Question 6

Aggravated burglary section and penalty

Ingredients

Answer 6

232(1)(a) or (b)

14 years

While committing burglary
Has a weapon with him or her
Or uses anything as a weapon

Having committed burglary
Has a weapon with him or her
Or uses anything as a weapon
While still in the building or ship