Burglary - Elements Flashcards
Short exercise: Recall the elements of Burglary Crimes Act 1961, S231 S231
Burglary - Element 1
Enters
Burglary - Element 2
Any building OR Any part of a building
OR
Any ship OR Any part of a ship
Burglary - Element 3
Without authority
(Includes by ‘threat’ or ‘artifice’)
Burglary - Element 4
With intent to commit an imprisonable offence in the building
OR
With intent to commit an imprisonable offence in a ship
Burglary - Elements
Enters any [part of a] building OR any [part of a] ship without authority with intent to commit an imprisonable offence in the building OR in a ship
Burglary having entered - Element 1
Having entered
Burglary having entered - Element 2
Any bulding OR Any ship
Burglary having entered - Element 3
Remains without authority
Burglary having entered - Element 4
With intent to commit and imprisionable offence in the building OR ship
Burglary having entered - Elements
Having entered any building OR ship remains without authority with intent to commit an imprisonable offence in the building OR ship
Aggrivated burglary - Elements
- While committing a burglary
- has a weapon with him or her
OR - Having committed a burglary
- has a weapon with him or her
- while still in the bulding or ship
Possession of instruments for burglary
- Without lawful authority or excuse
- has in his or her possession
- any instrument capable of being used for burglary
- with intent to use it for such a purpose