Burglary

Question 1

What are the elements of burglary in section 231(1)(a)?

Answer 1

Burglary

Enters

Any building
OR
Any ship
OR
Any part of a building
OR
Any part of a ship

Without authority

With intent to commit an imprisonable offence in the
building
OR
ship

Question 2

What are the elements of burglary in section 231(1)(b)?

Answer 2

Burglary (Having Entered)

Having entered

Any building
OR
Any ship

Remains without authority

With intent to commit an imprisonable offence in the
building
OR
ship

Question 3

Define the following term:

− enter

Answer 3

The offender could “enter” in a variety of ways. For example:

• As soon as an offender’s foot goes inside an open doorway to a building.
• As soon as the tip of a screwdriver / jemmy bar goes inside the window, door etc. Simply trying to open the window or door does not constitute entry, this would be an “attempt” to enter.
• The act of jumping over a fenced off yard or using wire cutters to cut a hole in a wire fence that surrounds a garden centre or warehouse area.
• Pushing a fishing rod through an open window in an attempt to take property.

Question 4

Define the following term:

− building or ship

Answer 4

Any Building: Includes houses, warehouses, tents, caravans, closed caves, closed tunnel, shops etc, whether permanent or temporary.

Any Ship: Includes ocean liners through to dinghies.

Question 5

Define the following term:

− without authority

Answer 5

For a person to commit the offence of burglary they must have entered a building or a part of a building/ship or enclosed yard without authority. The most obvious example of an offender being in a building without authority is where an offender breaks into a private residence. Another example is where a member of the public enters an area, for example the back of a shop, and
does not have legitimate access to that area, or would reasonably expect, under the circumstances, not to have permission even if they did know the owner/occupier

Question 6

Define the following term:

− intent to commit an imprisonable offence within the building or ship.

Answer 6

The offence must be an imprisonable offence.

The offence will be a category 2, 3 or 4 offence.
It is unnecessary that the intended offence should have been committed or even attempted. All that is required is the necessary INTENT. This could include the case of a person who enters a house to steal property but is then
frightened off by the owner before committing the theft.

Question 7

Recognise the circumstances that amount to burglary.

Answer 7

Burglary is a ‘thinking offence’. What the offender is thinking is relevant to whether or not the person’s actions constitute burglary. All the elements must be present.

Question 8

Discuss the powers of arrest for this offence?

Answer 8

Section 315 of the Crimes Act 1961 gives the police a power of arrest without warrant for this offence.