Burglary - Enters Without Authority

Question 1

Act and 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

Police v Pritchard

Answer 6

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 7

Or Ship - Sec 2 Crimes Act 1961

Answer 7

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 8

Without Authority

Answer 8

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 9

Case law:

R v Keen

Answer 9

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 10

Case law:

R v Collins

Answer 10

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 11

Intent

Answer 11

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

Question 12

Case law:

R v Mohan

Answer 12

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

Question 13

Case law:

R v Waaka

Answer 13

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

Question 14

An imprisonable offence

Answer 14

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