Burglary

Question 1

Police V Barwell

Answer 1

(Explaining how shoplifting isn’t burglary)

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 s231, Crimes Act 1961

Question 2

Three step process to authority

Answer 2

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

Question 3

R v Collins

Example where 1K male went up ladder naked and got into bed with a female who thought it was her bf

Answer 3

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 4

Police v Pitman

Answer 4

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 5

R v Kelt

Answer 5

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 with him”.

Question 6

R v Steele

Answer 6

(Offence where two ppl broke in and while in the house continually threatened the occupants about a firearm they had on them but wasn’t see) - still deemed as uses

“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