Burglary OF03

Question 1

What are the elements of burglary in 231(1)(a)?

Answer 1

Enters
Any building OR
Any ship OR
Any part of any building Or 
Any part of any ship 
With intent to commit a imprisonable offence in the building  OR
Ship

Question 2

What are the elements of burglary in 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
ship

Question 3

What is a building?

Answer 3

Any building, temporary or permanent

Question 4

What is a ship?

Answer 4

Any vessel used in navigation (Ocean liner to rowboat)

Question 5

Explain when entry is complete

Answer 5

Entry is complete when any part of the body of the person or any part of any instrument used by that person is within the building or ship

Question 6

Explain without authority

Answer 6

Does not have consent from the someone the defendant believes has authority to give consent

Question 7

Explain having entered

Answer 7

Enters the house legally then decides to commit an offence

Question 8

What is artifice?

Answer 8

Artifice is being cunning, skilful or artful to obtain permission to enter falsely. When artifice causes the permission to be granted it is negated and therefore the person is commuting entry without authority.

Question 9

What is aggravated burglary?

Answer 9

While commuting burglary has a weapon with him or uses anything as a weapon or having committed burglary has a weapon or uses a weapon while still in the building or ship