Burglary

Question 1

Burglary section 231 (1)(b)?

Answer 1

Every one commits a burglary and is liable to imprisonment for a term not exceeding 10 years who-
(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

Question 2

What 3 things must be proved under section 231 (1)(a)?

Answer 2

• The accused entered a building or ship AND
  -He did so without authority,
  AND
  -At the time of entry he had an intention to commit an imprisonable offence within the building or ship

Question 3

What is the definition of entry under section 231(3)?

Answer 3

(a) entrance into a building or ship is made as soon as any part of the body of the person making entrance, or any part of any instrument used by that person, is within the building or ship

Question 4

Burglary section 231 (1) (a)?

Answer 4

Every one commits a 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

Question 5

What is the description of a building as per section 231(2)?

Answer 5

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.

Question 6

R v Manning caselaw in relation what a building is?

Answer 6

An unfinished house can be a building depending upon its state of completion

Question 7

Police v Batista-Pulgar what is a yard?

Answer 7

A yard may be an enclosed yard…notwithstanding that part of the frontage has no physical barrier preventing entry into the yard.

Question 8

Definition of a ship under section 2 of the Crimes Act?

Answer 8

Ship 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 9

What does part of any building include?

Answer 9

Where a person is lawfully on a a building or ship bit then enters into an area of the building or ship that they were not authorized to be in with the required intent to commit an imprisonable offence, they could be liable under section 231 (1) (a).

Question 10

Police v Barewell, define authority?

Answer 10

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 section 232, Crimes Act

Question 11

What 3 steps process juries should go through when deciding on whether a person had authority to enter onto premises or ships are outlined by the Court of Appeal in Keen v R?

Answer 11

1. What is the authority asserted?
2. What is the extent of that authority?
3. Was it exceeded?

Question 12

Section 231(3) (b), define Without Authority ?

Answer 12

Everyone 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 13

When entering a building or ship by any threat used for that purpose, what should the threat be?

Answer 13

The threat should be a threat sufficient in nature to enable a person to have gained entry. The person receiving the threat must have acted in allowing the person entry as a result of the threat given .

Question 14

Define artifice in relation to entering without authority?

Answer 14

Entry gained through trickery or deception

Question 15

What must the prosecution show. Relation to entering without authority?

Answer 15

That the accused knew he or she had no authority to enter or was reckless as to that possibility

Question 16

R v Collins (1972)?

Answer 16

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 17

What is section 25 CA definition of ignorance of the law?

Answer 17

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Question 18

Define intent as per R v Mohan?

Answer 18

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

Question 19

Intent, R v Waaka?

Answer 19

A fleeting or passing thought is not sufficent, there must be a firm intent or a firm purpose to effect an act .

Question 20

Where does the onus lie to prove an offender’s intent?

Answer 20

The onus is generally on the prosecution to prove an offender’s intent beyond reasonable doubt

Question 21

What are 3 examples of circumstantial evidence from which an offender’s intent may be inferred?

Answer 21

1. The offender’s actions and words before, during and after the event
2. The surrounding circumstances
3. The nature of the act itself

Question 22

Section 231(1)(b), What must occur in relation to entry?

Answer 22

There must be a remaining in the building without authority after entry has been gained lawfully.

Question 23

What 3 things must the prosecution prove beyond reasonable doubt under section 231(1)(b)?

Answer 23

1. That the accused entered a building or ship AND
2. Remained in the building or ship without authority, AND
3. At the time of remaining in the building or ship they had an intention to commit an imprisonable offence within the building or ship

Question 24

What does ‘having entered’ imply?

Answer 24

It changes the entry element from 231(1)(a) as the accused must already have entered the building or ship before formulating the required intent to commit an imprisonable offence

Question 25

Police v Barwell , remaining without authority when entering open retail premises?

Answer 25

A person who enters retail premises whilst those are open to the public and then forms the intention to commit a crime in the building does not remain on the premises without authority, in terms of section 231, Crimes Act

Question 26

What is an imprisonable offence under section 5 of the CriminL Procedures Act 2011?

Answer 26

(a) in the case of an individual, and offence punishable by imprisonment for life or ha term of imprisonment.