Burglary

Question 1

BURGLARY

Section 231 (1)(a)
Crimes Act 1961
10 Years

Answer 1

Enters
Any Building
OR Ship
Without Authority
With intent to commit an imprisonable offence within that Building or Ship

Question 2

BURGLARY

Section 231 (1)(b)
Crimes Act 1961
10 Years

Answer 2

Having Entered
Any Building OR Ship
Remains in it without authority
With intent to commit an imprisonable offence within that Building or Ship

Question 3

AGGRAVATED BURGLARY

Section 232 (1)(a)
Crimes Act 1961
14 Years

Answer 3

While committing burglary
Has a weapon with him
OR
Uses anything as a weapon

Question 4

AGGRAVATED BURGLARY

Section 232 (1)(b)
Crimes Act 1961
14 Years

Answer 4

Having committed burglary
Has a weapon with him 
OR 
Uses anything as a weapon
While still in the Building OR Ship

Question 5

What is the definition of ‘Enters’ and ‘having entered’?

Answer 5

Entry is defined as:
(a) Entrance into a building or ship is made as soon as any part of the body of the person making the entrance; or any part of any instrument used by that person is within the building or ship

and

(b) everyone who gains entrance to a building or ship by any threat or artifice for that purpose is to be treated as having entered without authority.

Having entered - The accused must have already entered the building or ship before formulating the required intent to commit a crime.

Question 6

What is the definition of ‘Building’?

Answer 6

Building - Section 231(2)
Any building or structure of any description, whether permanent or temporary and includes a tent, caravan, or houseboat and also includes enclosed yards or any enclosed cave or closed tunnel.

PRITCHARD V POLICE
In each case the legislation is the same, namely, to apply a particular criminal sanction for the intrusion into living accommodation.

Question 7

Describe what is meant by ‘without authority’

Answer 7

In general terms… permission to enter onto (or remain within) the premise will be given by the occupier or person entitled to give consent.

Mental Element
R V COLLINS

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 8

What are the case law for ‘having a weapon’ and ‘uses a weapon’?

Answer 8

POLICE V PITMAN
The word weapon carries the meaning of something used to inflict bodily injury. It will include not only items such as guns or swords which are designed to be used for that purpose, but also any other item which the accused intended to use to inflict harm should the need arise.

R V EDMONDS
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.

R V STEELE
‘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.