Burglary Flashcards
Burglary (enters) Section Act Penalty Ingredients
Section: 231(1)(a)
Act: Crimes Act 1961
Penalty: 10 years
Ingredients
- Enters
- Any building OR Ship
- without authority
- With intent to commit an imprisonable offence in the building OR Ship
Burglary (having entered) Section Act Penalty Ingredients
Section: 231(1)(b)
Act: Crimes Act 1961
Penalty: 10 years
Ingredients
- having entered
- Any building OR Ship
- Remains in it without authority
- With intent to commit an imprisonable offence in the building OR Ship
Aggravated Burglary (while committing) Section Act Penalty Ingredients
Section: 232(1)(a)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- While committing burglary
- has a weapon with him/her OR uses anything as a weapon
Aggravated Burglary (having committed) Section Act Penalty Ingredients
Section: 231(1)(b)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- Having committed burglary
- has a weapon with him/her OR uses anything as a weapon
- while still in the building OR ship
ingredients - definitions and caselaw
Enters
- Entry
ingredients - definitions and caselaw
Any building OR ship
- building
- Pritchard V Police
- Includes
OR
1. Ship
Ingredient - definitions and caselaw
Without authority
- Authority
- R V Keen
- R V Collins
Ingredient - definitions and caselaw
With intent to commit an imprisonable offence in the building or ship
- Intent
- R V Waaka
- R V Mohan
- An imprisonable offence
- Building OR Ship
Ingredient - definitions and caselaw
Having entered
- Having
2. Entry
Ingredient - definitions and caselaw
remains in it without autority
- Remaining
- Physical element
- Authority
- R V Keen
- R V Collins
OR
- Remaining
- Continuing act
- Authority
- R V Keen
- R V Collins
Ingredient - definitions and caselaw
While committing burglary
- While committing
2. Burglary
Ingredient - definitions and caselaw
Has a weapon with him/her OR uses anything as a weapon
- Has
- Police V Pitman
OR
- Uses
- R V Steele
- Anything as a weapon
Ingredient - definitions and caselaw
Having committed burglary
- Burglary
Ingredient - definitions and caselaw
While still in that building or ship
- Still be present
2. Building OR Ship
Ship
Means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also included any ship belonging to or used as a ship of the armed forces of any country
Section 2, Crimes Act 1961
Intent
Mean to do it, they desire a specific result and act with the aim or purpose of achieving it
Entry
For the purposes of section 231 and section 232 entry is defined under section 231(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) 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 Section 231(3), Crimes Act 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 closed cave or closed tunnel
Includes
The word includes and the particular examples used it is clear that parliament was not attempting to provide a comprehensive list of the items that might fall within the definition.
Authority
The act does not provide a definition of authority in general terms permission to enter onto (or remain within) the premises will be given by the occupier or person entitled to give consent
An imprisonable offence (burglary)
Normal meaning - any offence punishable by a term of imprisonment
Having
The word ‘having’ changes the entry element from 231(1)(a) as the accused must have already entered the building or ship before formulating the required intent to commit a crime
Remaining
The term “remaining” suggests this form of the offence may be committed in two ways
the physical element of the offence is complete (burglary)
the physical element of the offence is complete on the act of deliberately remaining in the building after the point where the accused should have left the building.
A continuing act of remaining
A continuing act of remaining in the building without authority and the continuing act is accompanied at some point by an intent to commit a crime within the building
While committing
The accused must be in the process of committing a burglary
Has (burglary)
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
Uses (Burglary)
A weapon may be “used” where words or conduct show the defendant has actual possession of a weapon or it is immediately 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
Present (burglary)
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.
R V Waaka
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act
R V Mohan
A decision to bring about, in so far as it lies within the accused power, the commission of the offence
Pritchard V Police
In each case the aim of the legislation is the same, namely to apply a particular criminal sanction for the intrusion into living accomadation
R V Keen
The three questions formulated for ‘without authority by the judge in R V Keen were:
(i) What is the authority asserted?
(ii) What is the extent of that authority?
(iii) Was it exceeded
R V Collins
Mental Element
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 parties consent
Police V Pittman
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
R V Steele
‘to use’ may be limited to the offender revealing by words or conduct show the defendant has actual possession of a weapon in their physical possession and readily available
