Burglary

Question 1

Define enters. To short answer standard.

Answer 1

s231(3), CA 1961
For the purposes of s231 and s232 entry is defined under s231(3) as:
a) entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship;
And
b) every one who gains entrance to a building or ship by any threat or artifice used for that purpose is to be treated as having entered without authority.

Question 2

Discuss the element ‘without authority’ using case law.

Answer 2

R v Keen
The three questions formulated for without authority by the Judge in R v Keen were
1. What is the authority asserted?
2. What is the extent of that authority?
3. Was it exceeded?

R v Collins
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

Define ‘while committing’ in while committing burglary.

Answer 3

While committing:

The accused must be in the process of committing a burglary.

Question 4

Define burglary.

Answer 4

Burglary, s231, CA 1961
(1) Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who
(a) enters any building or ship, or part of a building or ship, without authority and with intent to commit an imprisonable offence in the building or ship;
or
(b) having entered any building or ship, remains in it without authority and with intent to commit an imprisonable offence in the building or ship.

All the ingredients of burglary must be met.

Question 5

Discuss the element has a weapon with him/her.

Answer 5

The words ‘has a weapon with him or her’ require no more than that the weapon is on the person of the accused or is readily available to him or her.

Police v Pitman
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

Discuss the element uses anything as a weapon.

Answer 6

Uses
A weapon may be “used” where words or conduct show the defendant has actual possession of a weapon or it is immediately available.

R v Steele
“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.

Anything as a weapon
Under this provision the item is not necessarily one that is made to inflict bodily injury. It is any item capable of inflicting bodily injury so long as the person using it intends it to be used for such purpose.

Question 7

Discuss the element while still in the building or ship.

Answer 7

The accused must still be present on the building or ship. In this sense the finding of the accused on the premises is an essential part of the offence.

Building, s231(2), CA 1961
Building means 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.

OR

Ship, s2, CA 1961
Means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country.

Question 8

To what element does R Keen relate? What are the 3 questions in R v Keen?

Answer 8

R v Keen
The three questions formulated for without authority by the Judge in R v Keen were
1. What is the authority asserted?
2. What is the extent of that authority?
3. Was it exceeded?

Question 9

R v Steele

Answer 9

R v Steele
“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.

Question 10

List the discussion points for the element Has a weapon with him or her.

Answer 10

The words ‘has a weapon…

Police v Pitman

Question 11

List the discussion points for the element

Uses anything as a weapon.

Answer 11

Uses
R v Steele
Anything as a weapon