Burglary OF05 Flashcards
Elements of burglary
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
Burglary in Crimes Act 1961
Section 231(1)(a)
Penalty - a term not exceeding 10 years imprisonment
Enters
Entry is complete as soon as any part of the body or any part of any instrument used by that person, is within the building or ship
any building
Building or structure of any description, whether permanent or temporary
Any ship
Any vessel used in navigation however propelled
Any part of a building
Part of a building or structure of any description, whether permanent or temporary
Any part of a ship
Part of any vessel used in navigation, however propelled
Without authority
An absence of authority, either expressed or implied from a person the defendant believes is legally able to give consent
OR
Entry is gained by use of a threat or artifice (Tricked/deception)
With intent to commit an imprisonable offence in the building
Intention to commit an imprisonable offence in the building
With intent to commit an imprisonable offence in a ship
Intention to commit an imprisonable offence in the ship