Burglary

Question 1

Definition

Burglary

Answer 1

S231(1) CA 1961
everyone is liable to a term of imprisonment not exceeding 10 years who
(a) enters any building or ship or part of any building or ship without authority and with intent to commit an imprisonable offence in that building or ship

or

(b) having entered any building or ship remains in it without authority and with intent to commit an imprionsable offence in that building or ship

Question 2

While committing

Answer 2

the accused must be in the process of committing the burglary

Question 3

has a weapon with him or her

Answer 3

the words has a weapon with him or her requires no more than that the weapon is on the person of the accused or is readily available to him or her

Question 4

Case law relating to has a weapon with him or her

Answer 4

Police V Pitman

the word weapon carries the meaning of something used to inflict bodily injury and also any other item which the accused intended to use t inflict harm should the need arise.
Bodily injury is not limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon.

Question 5

Uses

Answer 5

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

Question 6

Case law related to uses

Answer 6

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 7

Anything as a weapon

Answer 7

under this provision the item used is not necessary 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 8

While still inside the building or ship

Answer 8

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.

Question 9

Building

Answer 9

S231(2) CA 1961
building means any building or structure of any description whether permenant or temporary; and includes any tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

Question 10

Ship

Answer 10

S2 CA 1961
means every description of vessel used in navigtion however propelled any 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 11

Case law relating to without authority

Answer 11

Police v Barwell
A person who enters a retail premises whilst it is open to the public intending to commit a crime in the building does not enter without authority in terms of S231 CA 1961.

Question 12

Case law relating to the mental element

Answer 12

R v Collins
There can not be a conviction for entering a premises as a trespasser unless the person entering does so knowing he is trespassing or is reckless as to whether or not he is entering the premises of another without the other partys consent

Question 13

Imprisonable offence

Answer 13

Normal meaning - any offence punishable by a term of imprisonment

Question 14

Case law relating to With him or her

Answer 14

R v Kelt
Having a firearm with him requires a very close physical link and a degree of immediate control oever the weapon by the man alleged to have the firearm with him.

Question 15

Intent

Answer 15

in a criminal law context there are two specific types of intent, firstly there must be an intention to commit an act and secondly, an intention to get a specific result

Question 16

What is the three step process to decide whether someone has acted without authority?

Answer 16

what is the authority asserted?
what is the extent of that authority?
was it exceeded?