Burglary (enters & having entered)

Question 1

What are the ingredients for Burglary (enters)?

Answer 1

Enters

Any Building - OR - ship - OR - part of a building
- OR - part of a ship

Without authority

With intent to commit an imprisonable offence in the building.

Question 2

What are the ingredients for Burglary (having entered)?

Answer 2

Having entered

Any building OR ship

Remains without authority

With intent to commit an imprisonable offence in the building.

Question 3

Define Enter with regards to burglary:

Answer 3

ENTRY IS COMPLETE as soon as ANY PART OF THE BODY OF THE PERSON or

INSTRUMENT USED BY THE PERSON IS WITHIN the building or ship

Question 4

Define building:

Answer 4

Any Building OR structure

Temporary OR permanent

Question 5

Define Without Authority:

Answer 5

An absence of authority

from a person legally able to give consent

Question 6

Define Remains without authority:

Answer 6

Remains when consent to be within the building or ship no longer applies

Question 7

Define Intent to commit an imprisonable offence within the building or ship:

Answer 7

There must be intention to commit an imprisonable offence in the building or ship.

Question 8

What are the circumstances that amount to burglary?

Answer 8

Intent to commit an imprisonable offence must be proved

Question 9

What are the powers of arrest for the offence of burglary?

Answer 9

Section 315 of the Crimes Act 1961

Question 10

Define Artifice:

Answer 10

Involves being cunning, skilled or artful:

Using a false ID to gain entry to a property
Promising a child sweets if they open the door

Question 11

Define an enclosed yard:

Answer 11

If the bulk of the boundary is in someway enclosed.

Question 12

What is aggravated burglary?

Answer 12

The offender has a weapon with him, or uses anything as a weapon.

Question 13

Define Ship:

Answer 13

Any vessel used in navigation, however propelled.