BURGLARY - Ingredients => Definitions Flashcards
Enters
Enters - Section 231(3), Crimes Act 1961
For the purposes of section 231 and section 232 entry is defined under section 231(3) as:
(a) entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship;
and
(b) every one 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.
RTS
Any Building
OR
Ship
Building – Section 231(2), Crimes Act 1961
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 any closed cave or closed tunnel.
The word “includes” and the particular examples used it is clear that Parliament was not attempting to provide a comprehensive list of the items that might fall within the definition.
PRITCHARD V POLICE
“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
Ship 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:
RTS
Without Authority
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.
The three questions formulated for ‘without authority by the Judge in R v Keen were:
R V KEEN
(i) What is the authority asserted?
(ii) What is the extent of that authority?
(iii) Was it exceeded?
Mental Element
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
RTS
With intent to commit an imprisonable
offence in the building or ship
A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.
R V MOHAN
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”
R V WAAKA
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
An imprisonable offence
Normal meaning – any offence punishable by a term of imprisonment
Building or ship
Refer .2
RTS:
Having Entered
The word ‘having’ changes the entry element from 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(3), Crimes Act 1961
For the purposes of section 231 and section 232 entry is defined under section 231(3) as:
(a) entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship;
and
(b) every one 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.
RTS
Remains in it without authority
The term “remaining” suggests this form of the offence may be
committed in two ways.
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.
OR
A continuing act of remaining in the building without authority, and the continuing act is accompanied at some point by an intent to commit a crime within the building.
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.
The three questions formulated for ‘without authority by the Judge in R v Keen were:
R V KEEN
(i) What is the authority asserted?
(ii) What is the extent of that authority?
(iii) Was it exceeded?
Mental Element
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
RTS
While committing burglary
While committing:
The accused must be in the process of committing a burglary.
Burglary - Section 231, Crimes Act 1961
(1) Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who—
(a) enters any building or ship, or part of a building or ship, without authority and with intent to commit an imprisonable offence in the building or ship;
OR
(b) having entered any building or ship, remains in it without authority and with intent to commit an imprisonable offence in the building or ship.
RTS
Has a weapon with him
OR
Uses anything as a weapon
The words “has a weapon with him or her” require no more than that the weapon is on the person of the accused or is readily available to him or her.
POLICE V PITMAN
The word “weapon” carries the meaning of “something used to inflict bodily injury”. It will include not only items such as guns or swords which are designed to be used for that purpose, but also any other item which the accused “intended to use to inflict harm should the need arise.”
R V EDMONDS
Bodily injury need not be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon
OR
Uses
The word ‘uses’ would take on its normal dictionary meaning of “to put into service or action”
R V STEELE
‘to use’ may be limited to the offender revealing by words or conduct the actual presence of or immediate availability of the item so long as the accused have the weapon in their physical possession and readily available.
Anything as a weapon
Under this provision the item is not necessarily one that is made to inflict bodily injury it is any item capable of inflicting bodily injury so long as the person using it intends it to be used for such purpose.
RTS
Having committed burglary
Having Committed
Takes on normal meaning the full ingredients of burglary must have been committed by the accused
Burglary - Section 231, Crimes Act 1961
(1) Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who—
(a) enters any building or ship, or part of a building or ship, without authority and with intent to commit an imprisonable offence in the building or ship;
OR
(b) having entered any building or ship, remains in it without authority and with intent to commit an imprisonable offence in the building or ship.
RTS
While still in the building
OR
ship
The accused must still be present on the building or ship. In this sense the finding of the accused on the premises is an essential part of the offence.
Building - Section 231(2), Crimes Act 1961
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 any closed cave or closed tunnel.
PRITCHARD V POLICE
“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 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:
RTS
