Burglary - Having Entered, Remains Without Authority Flashcards
Act and section
231(1)(b), Crimes Act 1961
Penalty
10 Years Imprisonment
Ingredients
1) Having entered
2) Any building or ship
3) Remains without authority
4) With intent to commit an imprisonable offence in the building or ship
Having Entered
The word “having” changes the entry element from sec 231 (1)(a) as the accused must have already entered the building or ship before formulating the required intent to commit a crime.
Entered - Section 231 (1)(3)
For the purposes of sec 231 and sec 232, entrance is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by the 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.
Any Building - Section 231 (2)
Means any building or structure of any description, whether permanent or temporary; and includes any tent, caravan or houseboat; and also includes any enclosed yard or closed cave or closed tunnel.
Police v Pritchard
In each case, the aim of the legislation is the same, namely, to apply a particular criminal sanction for the intrusion into living accommodation.
Or Ship - Section 2 Crimes Act 1961
Means every description of every 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.
Remains In It Without Authority
The term “remains” suggests this form of offence may be committed in two ways.
No: 1 - Remains
The physical element of the offence is complete on the act of deliberately remaining in the building after the point where the accused should have left the building.
No: 2 - Remains
A continuing act of remaining in the building without authority, and the continuing act is accompanied by an intent to commit a crime within the building.
Without authority
The act does not provide a clear 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.
Case law:
R v Keen
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?
Case law:
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.
Intent
Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.
