Burglary - Enters Without Authority

Question 1

Section

Answer 1

231 (1)(a) Crimes Act 1961

Question 2

Penalty

Answer 2

10 years imprisonment

Question 3

Ingredients

Answer 3

1) Enters
2) Any building or Ship
3) Without Authority
4) With intent to commit an imprisonable offence in the building or ship.

Question 4

Enters - Sec 231 (3) Crimes Act 1961

Answer 4

For the purposes of section 231 and 232, entry is defined under 231 (3) as:

a) entrance into any building or ship is made as soon as any part of the person making the entrance, or 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 used for that purpose is to be treated as having entered without authority.

Question 5

Any Building - Sec 231 (2) Crimes Act 1961

Answer 5

Means 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 closed cave or closed tunnel.

Question 6

note:

Answer 6

Given the use of the word “includes” and the particular examples used, it is clear parliament was not attempting to provide a comprehensive list of items that might fall within the definition.

Question 7

Police v Pritchard

Answer 7

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

Question 8

Or Ship - Sec 2 Crimes Act 1961

Answer 8

Means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country.

Question 9

Without Authority

Answer 9

The act does not provide a definition of “authority”. In general terms, permission to enter onto (or remain within) the premises will be given by the occupier or person entitled to give consent.

Question 10

R v Keen

Answer 10

The three questions formulated for “without authority” by the judge in R v Keen were:

1) What is the authority asserted?
2) What is the extent of that authority?
3) Was it exceeded?

Question 11

R v Collins

Answer 11

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 12

Intent

Answer 12

Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.

Question 13

R v Mohan

Answer 13

A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.

Question 14

R v Waaka

Answer 14

A fleeting or passing thought is not sufficient. There must be a firm intent, or firm purpose to effect an act.

Question 15

An Imprisonable Offence

Answer 15

Normal meaning - any offence punishable by a term of imprisonment.

Question 16

Building or Ship

Answer 16

As above.