BURGLARY OFFENCES Flashcards
Criminal liability
Burglary
Section 231 (1) (A)
- enters
- any building or ship or part of any building or ship
- without authority
- with intent to commit an imprisonable offence in the building or ship
Criminal liability
Burglary
Section 231 (1) (B)
10 years
- having entered
- any building or ship part of any building or ship
- remains in it without authority
- with intent to commit an imprisonable offence in the building or ship
Criminal liability
Aggravated burglary (Outside)
Section 232 (1) (A)
14 years
- while committing burglary
2. has a weapon with him or her or uses anything as a weapon
Criminal liability
Aggravated burglary (inside)
Section 232 (1) (B)
14 years
- having committed burglary
- has a weapon with him or her or uses anything as a weapon
- while still in the building or ship
Define entry Section 231 (3)
(A) entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship
And
(B) everyone who gains entrance to a building or ship by any threat or artifice used for that purpose is to be treated as having entered without authority
Define building Section 231 (2)
Building means any building or structure of any description, whether permanent or temporarily, and includes a tent, caravan, or houseboat, and also includes any enclosed yard or any closed cave or closed tunnel.
Caselaw
Any building or ship
Pritchard v Police
In each case the aim of the legislation is the same, namely, to apply a particular criminal sanction for the intrusion into living accommodation.
Define ship
Section 2, crimes act 1961
Ship 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.
Define Authority
The act does not provide a definition of authority. In general terms this means permission to enter onto (or remain with in) the premises. This authority will be given by the occupier or person entitled to give consent.
Three questions formulated for ‘without authority’ by the judge
R v Keen
- what is the authority asserted?
- what is the extent of that authority?
- was it exceeded?
Importance of the mental element in a conviction for trespassing
R v Collins
There cannot be a conviction for entering the premises as a trespasser unless the person entering does so knowing he is a trespasser and deliberately enters or is reckless whether or not he is entering the premises of another without the other party’s consent.
Caselaw
R v Mohan
R v Waaka
Xxxxx
RTS
Imprisonable offence
Must show what the imprisonable offence was that they intended to commit in the building or ship and how the intent was shown.
Define
Remains in it without authority
This can be shown in two ways
- the physical elements of the offence is complete on the act of deliberately remaining in the building after the point where the accused should have left the building or
- A continuing act of remaining in the building without authority and the continuing act is accompanied at some point by an intent to commit a crime within the building.
Define
Has a weapon with him or her
The words ‘has a weapon with him or her ‘requires no more than that the weapon is on the person or the accused or is readily available to him or her.
Caselaw
Weapon
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.
Define
Uses
A weapon maybe used where words or conduct show the defendant has actual possession of a weapon or it is immediately available.
Caselaw
To use
R V Steele
To use maybe 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.
Discuss
Anything as a weapon
Under this provision the item is not necessarily one that is made ti 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.
Discussion
While still in the building or ship
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
