Burglary Must Knows

Question 1

Burglary ca1961 231 (1) (a)

Answer 1

-enters
-any building OR any ship OR any part of a building OR any part of a ship
- without authority
-with intent to commit an imprisonable offence in the building
OR
-with intent to commit an imprisonable offence in a ship

Question 2

Burglary (having entered) CA1961 s231 (1) (b)

Answer 2

• having entered
• any building OR any ship
• remains without authority
• with intent to commit an imprisonable offence in the building OR with intent to commit an imprisonable offence in the ship.

Question 3

What is aggravated burglary

Answer 3

• While/having committing a burglary has a weapon or uses anything as a weapon.
• term not exceeding 14 years
• if armed with a weapon with intent to commit a burglary penalty is not exceeding 5 years

Question 4

Define enter

Answer 4

Entry is complete as soon as any part of the offenders body or any instrument used by them is within the building.

Question 5

Define having entered

Answer 5

Is physically inside (entered legitimately but authority to remain ceased)

Question 6

Building

Answer 6

Any building or structure whether permanent or temporary.

Question 7

Ship

Answer 7

Any vessel used for navigation

Question 8

Part of a building or ship

Answer 8

Any part of building or ship. Includes an enclosed yard, cave or closed tunnel

Question 9

Define without authority

Answer 9

An absence of authority, either expressed or implied from a person the dedendant believes is legally able to give consent.

Question 10

Remains without authority

Answer 10

Remains when consent to be within no longer applies

Question 11

Intent to commit an imprisonable offence

Answer 11

Must be an intent to commit a cat 2,3 or 4 offence.

Question 12

Define artifice

Answer 12

Involves being cunning or artful