Burglary

Question 1

What are the elements of burglary section 231(1)(a) of the crimes act 1961

Answer 1

Enters
Any building OR ship
OR
Any part of any building or any part of a ship
Without authority
With intent to commit an imprisonable offense in the building or ship.

Question 2

Define enter

Answer 2

Entry is complete as soon as any part of the body of the person or any part of the instrument used by that person, is within the building or ship.

Question 3

Define building or ship

Answer 3

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

Question 4

Define without authority

Answer 4

An absence of authority, either expressed or implied, from a person the defendent believes is legally able to give consent

Question 5

What are the powers of arrest for Burglary

Answer 5

Section 315 of the crimes act 1961

Question 6

List the elements of robbery

Answer 6

Theft
Accompanied by violence OR the Threats of violence
To any person OR to any property
Used to extort the property stolen OR
To prevent or overcome resistance to the property being stolen

Question 7

When is the offence of robbery complete

Answer 7

When something has been taken or moved, if the elements of theft cannot be proven it is not robbery.
This could fall under “assault with intent to rob”
OR Demanding with menace