Burglary Offences

Question 1

Define Burglary subsection (1)(b)? Include penalty?

Answer 1

Having entered any building or ship, remains in it without authority, with intent to commit an imprisonable offence in the building or ship.

10 years imprisonment

Question 2

Define Burglary subsection (1)(a)? Include penalty?

Answer 2

Enters any building or ship, or part of a building or shine, without authority and with intent to commit an imprisonable in the building or ship.

10 years imprisonment

Question 3

Define Aggravated Burglary Subsection 1(a)? Include penalty?

Answer 3

While committing burglary, has a weapon with him or her, or uses anything as a weapon.

14 years imprisonment

Question 4

Name the Section and Act for Aggravated Burglary?

Answer 4

Section 232(1), Crimes Act 1961

Question 5

Define Aggravated Burglary subsection (1)(b)? Include penalty?

Answer 5

Having committed burglary, has a weapon with him or her, or uses anything as a weapon, while still in the building or ship.

14 years imprisonment

Question 6

Name the Section and Act for Burglary?

Answer 6

Section 231(1), Crimes Act 1961

Question 7

Define “Building” and provide section and act

Answer 7

S.231(2), CA 61

Any building or structure of any description, whether permanent or temporary; includes a tent, caravan, or houseboat; and also includes any enclosed yard or closed tunnel

Question 8

Definition for “While committing”

Answer 8

The accused must be in the process of committing burglary

Question 9

Define “Burglary s.231, CA 61

Answer 9

Enters any building or ship, or part of a building or ship, without authority and with the intent to commit an imprisonable offence in the building or ship

OR

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 HE INGREDIENTS OF BURGLARY MUST BE MET!

Question 10

Define “Has a weapon with him/her”

Answer 10

The weapon is on the person of the accused or is readily available for him/her to use

Question 11

Define “Uses”

Answer 11

A weapon may be “used” where words and conduct show the defendant has actual possession of a weapon or it is immediately available

Question 12

Define “Anything as a weapon”

Answer 12

Any item capable of inflicting bodily injury so long as the person using it intends it to be used for such a purpose