Burglary

Question 1

Police v Barwell

Answer 1

A person who enters retail premises whilst those premises are open to the public intending to commit a crime in the building does not do so without authority, in terms of s231, Crimes Act 1961

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 is reckless whether or not he is entering the premises of another without the other party’s consent.

Question 3

R v Mohan

Answer 3

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…”

Question 4

R v Waaka

Answer 4

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.

Question 5

Police v Pitman

Answer 5

The word “weapon” carries the meaning of something used to inflict bodily injury….. also any other item which the accused intended to use to inflict 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 6

R v Kelt

Answer 6

Having a firearm “with him” requires “a very close physical link and degree of immediate control over the weapon by the man alleged to have the firearm with him.

Question 7

R v Steele

Answer 7

‘To use’ may be limited to the offender revealing by words or conduct the actual presence of or immediate availability of the item so long as the accused have the weapon in their physical possession and readily available