Burglary Offences Flashcards
Aggravated Burglary
Section, Act, Imprisonment
Ingredients
Aggravated Burglary
Section 232(1)(a) , Crimes Act 1961
14 Years imprisonment
Ingredients
While committing burglary
Has a weapon with him/her
Or
Uses anything as a weapon
Aggravated Burglary
Section 232(1)(a) , Crimes Act 1961
14 Years imprisonment
List the ingredients including the titles of definitions and caselaw
Aggravated Burglary
Section 232(1)(a) , Crimes Act 1961
14 Years imprisonment
Ingredients
While committing burglary
While committing
Burglary - Sec. 231, Crimes Act 1961
Has a weapon with him/her
has a weapon with him or her
Police v Pitman
Or
Uses anything as a weapon
Uses
R v Steele
Anything as a weapon
Aggravated Burglary
Define while committing
While committing
The accused must be in the process of committing a burglary.
What is the definition of Burglary S.231
Burglary - Sec. 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.
All the Ingredients of burglary must be met
Define Has a weapon with him or her
Has a weapon with him or her
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.
In the ingredient Has a weapon with him or her
Dicuss case law Police v Pitman
Police v Pitman
The word “weapon” carries the meaning of something used to inflict bodily injury…..also any other item which the accused intended to use to inflict harm should the need arise….. 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.
In the ingredient Uses anything as a weapon
Define Uses
Uses
A weapon may be “used” where words or conduct show the defendant has actual possession of a weapon or it is immediately available.
In the ingrediet uses anything as a weapon discuss the case law R v Steele
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.
Define Anything as a weapon
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.
Aggravated Burglary (while still in the building)
Section, act, impriosonment
Ingredients
Aggravated Burglary
Section 232(1)(b) , Crimes Act 1961 1
14 Years ingredents
Ingredients
Having committed Burglary
Has a weapon with him/her
Or
Uses anything as a weapon
While still in the building or ship
Aggravated Burglary
Section 232(1)(b) , Crimes Act 1961 1
14 Years ingredents
List the ingredients including the titles of definitions and case law
Aggravated Burglary
Section 232(1)(b) , Crimes Act 1961 1
14 Years ingredents
Ingredients
Having committed Burglary
Burglary - Sec. 231, Crimes Act 1961
Has a weapon with him/her
has a weapon with him or her
Police v Pitman
Or
Uses anything as a weapon
Uses
R v Steele
Anything as a weapon
While still in the building or ship
accused must still be present
Building - Sec. 231(2), Crimes Act 1961
Ship - Sec. 2, Crimes Act 1961
In relation to the ingredient While still in the building or ship
Define what is meant by The accused must still be present
The accused must still be present
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.
Define Building
Building - Sec. 231(2), Crimes Act 1961
Building 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.
Define Ship
Ship - Sec. 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:
