Burglary Flashcards
Elements of Burglary (enters) (4)
1) Enters
2) Any building OR Any ship OR Any part of a building OR Any part of a ship
3) Without authority
4) With intent to commit an imprisonable offence in the building OR ship
Def. of Enters
Entry is complete as soon as any part of the
body of the person or any part of any
instrument used by that person, is within the
building or ship
Def. of Any building OR Any ship OR Any part of a building OR Any part of a ship
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.
Any vessel used in navigation, however propelled.
Part of 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.
Part of any vessel used in navigation, however
propelled.
Def. of Without authority
An absence of authority, either expressed or
implied, from a person the defendant believes
is legally able to give consent.
Def of. With intent to commit an imprisonable offence in the building OR ship
There must be an intention to commit an imprisonable offence in the building OR there must be an intention to commit an imprisonable offence in the ship.
Elements of Burglary (having entered) (4)
1) Having entered
2) Any building
OR
Any ship
3) Remains without authority
4) With intent to commit an imprisonable offence in the building OR ship
Def. of Having entered
Is physically inside the building or ship.
Def. of Remains without authority
Remains when consent to be within the building
or ship no longer applies.
Def. of With intent to commit an imprisonable offence in the building OR ship
There must be an intention to commit an
imprisonable offence in the building or ship.
