Burglary Flashcards
Ingredients aggravated burglary s.232(1)(a) 14 years
While committing burglary Has a Weapon w. him/her OR Uses anything as a weapon
Ship
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.
Police v Barwell
A person who enters retail premises whilst those premises are open to the public and then forms the intention to commit a crime in the building does not remain on the premises w/out authority in terms of s.231.
Ingredients burglary s.231(1)(b) 10 years
Having entered Any B. or S. Remains in it W/out authority W. intent to commit an imprisonable offence in the B. or S.
Ingredients burglary s.231(1)(a) 10 years
Enters Any B. or S. W/out W. intent to commit an imprisonable offence in that B or S.
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.
Ingredients aggravated burglary s.232(1)(b) 14 years
Having committed burglary Has a weapon W. him or her OR Uses anything as a Weapon While still in the B. or S.
R v Collins
There cannot be a conviction for entering a premise “as a trespasser” unless the person entering does so knowing he is a trespasser and deliberately enters or is reckless wether or not he is entering the premise of another w/out the other party’s consent.
building
s.231(2)
means any building or structure of any description wether permanent or temporary; and includes any tent caravan, or houseboat, and also includes any enclosed yard or any closed cave or closed tunnel. The word “includes” and the particular examples used it is clear parliament was not attempting to provide a comprehensive list of the items that might fall within the definition.
Police v barwell
A person who enters a retail premise whilst those premises are open to the public intending to commit a crime in the building does not do so w/out authority in terms of s.231.
R v kelt
Having a firearm “with him” requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm w. him.
Aggrvated Burglary
s232(1)(a)
Definition: Has a weapon with him or her
the words “has a weapon with him/her” require no more that the waepon is on him or her or imeadiatly available to them.
Police V PTMAN
The word weapon carries the meaning of something used to inflict bodily injury, and also any other item the defendant intended to use to inflict bodily injury should the need arise.
Bodily injury need not be limited to direct physical injury but can also include bodily harm arising as a result of shock produced by the weapon.
Aggrvated Burglary
s232(1)(a)
Definition: uses anything as a weapon
USES:
A weapon can be used when words or conduct show the defendant has actual possesion of a weapon or it is imediatly available to them.
R V STEELE
‘to use’ may be limited to the offender revealing by words or conduct the actual presence or imediate availability of the itemso long as the accused has the weapon in their physical possesion or imediatly available to them.
Anything as a weapon:
Under this provision the item is not nesecerially one that is made to inflict bodily injury. It is any item capable of inflicting bodily injury, so long as the person using it indends it for such a perpose.
Aggrvated Burglary
s232(1)(a)
Definition: Whille still in the building or Ship
The accused must still be in the building or ship. In this sence finding the accused within the premise is an essential part of the offence.
