BURGLARY OFFENCES

Question 1

Criminal liability
Burglary
Section 231 (1) (A)

Answer 1

1. enters
2. any building or ship or part of any building or ship
3. without authority
4. with intent to commit an imprisonable offence in the building or ship

Question 2

Criminal liability
Burglary
Section 231 (1) (B)
10 years

Answer 2

1. having entered
2. any building or ship part of any building or ship
3. remains in it without authority
4. with intent to commit an imprisonable offence in the building or ship

Question 3

Criminal liability
Aggravated burglary (Outside)
Section 232 (1) (A)
14 years

Answer 3

1. while committing burglary

2. has a weapon with him or her or uses anything as a weapon

Question 4

Criminal liability
Aggravated burglary (inside)
Section 232 (1) (B)
14 years

Answer 4

1. having committed burglary
2. has a weapon with him or her or uses anything as a weapon
3. while still in the building or ship

Question 5

Define entry
Section 231 (3)

Answer 5

(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

Question 6

Define building
Section 231 (2)

Answer 6

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.

Question 7

Caselaw
Any building or ship
Pritchard v Police

Answer 7

In each case the aim of the legislation is the same, namely, to apply a particular criminal sanction for the intrusion into living accommodation.

Question 8

Define ship

Section 2, crimes act 1961

Answer 8

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.

Question 9

Define Authority

Answer 9

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.

Question 10

Three questions formulated for ‘without authority’ by the judge
R v Keen

Answer 10

1. what is the authority asserted?
2. what is the extent of that authority?
3. was it exceeded?

Question 11

Importance of the mental element in a conviction for trespassing
R v Collins

Answer 11

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.

Question 12

Caselaw
R v Mohan
R v Waaka

Answer 12

Xxxxx

Question 13

RTS

Imprisonable offence

Answer 13

Must show what the imprisonable offence was that they intended to commit in the building or ship and how the intent was shown.

Question 14

Define

Remains in it without authority

Answer 14

This can be shown in two ways

1. 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
2. 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.

Question 15

Define

Has a weapon with him or her

Answer 15

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.

Question 16

Caselaw
Weapon
Police V Pitman

Answer 16

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.

Question 17

Define

Uses

Answer 17

A weapon maybe used where words or conduct show the defendant has actual possession of a weapon or it is immediately available.

Question 18

Caselaw
To use
R V Steele

Answer 18

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.

Question 19

Discuss

Anything as a weapon

Answer 19

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.

Question 20

Discussion

While still in the building or ship

Answer 20

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