Burglary (OF03) Flashcards
Elements of burglary
1) Enters
2) Any building OR Any ship OR Any part of a building OR Any part of a ship
3) Without authority
4) With intent to commit an imprisonable offence in the building OR with intent to commit an imprisonable offence in a ship
What is aggravated burglary?
- Having committed burglary while he or she has a weapon or uses anything as a weapon
OR
- While committing burglary has a weapon with her or him or uses anything as a weapon while still in the building or ship
What does ‘Enter’ mean?
When part of the body or part of an instrument used by the offender to commit the offence is within the building OR ship OR makes contact with any part of the building OR ship.
What does ‘Having entered’ mean?
The offender has legally entered the building, ship or enclosed yard and then decides to commit an imprisonable offence.
What does ‘Building’ mean?
Houses, warehouses, tents, caravans, closed caves,closed tunnels, shops, whether permanent or temporary
What does ‘Ship’ mean?
Ocean liners through to row boats
What does ‘Part of a building or ship’ mean?
An area within the building or ship that the offender has entered legally and decides to commit the offence within that area.
What does ‘Without authority’ mean?
When a person breaks into a private residence or enters an area without legitimate access to that area.
What does ‘Remains in it without authority’ mean?
When the person remains or hides within the location ON PURPOSE without authority.
What does ‘Intent to commit an imprisonable offence within the building or ship’ mean?
When a person enters a house to steal property but is frightened off by the owner before committing the offence.
What does ‘Artifice’ mean?
Example: Making up a false identity in order to enter a property.
