Burglary Flashcards
What are the Elements of Burglary Section 231 (1) (a)
- Enters
- Any Building OR Any Ship OR Any part of any Building OR Any part of any Ship
- Without authority
- With intent to commit an imprisonable offence in the Building OR Ship
What are the Elements of Burglary Section 231 (1) (b)
- Having entered
- Any Building OR Any Ship
- Remains without authority
- With intent to commit an imprisonable offence in the Building OR Ship
Penalty for Burglary Section 231 (1) (a)
10 years
Penalty for Burglary Section 231 (1) (b)
10 years
What powers of arrest do we have for Burglary
Crimes Act 1961 Section 315
Definition 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.
Definition of Building
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.
Definition of Ship
Any vessel used in navigation, however propelled.
Definition of Without authority
An absence of authority, either expressed or
implied, from a person the defendant believes
is legally able to give consent.
Definition of 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
Definition of having entered
The offender has entered the building, ship or enclosed yard legally and
legitimately and then decides to commit an imprisonable offence.
Elements for Aggravated Burglary
a) while committing burglary, has a weapon with him or her or uses
anything as a weapon; or
b) having committed burglary has a weapon with him or her, or uses
anything as a weapon, while still in the building or ship
Section 232 Crimes Act 1961
Penalty 14 years
Aggravated Burglary penalty
14 years
Penalty for armed with a weapon with intent to commit burglary
5 years
