Burglary - Proving Elements

Question 1

Prove: Enters

Answer 1

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.
“Did any part of their body or a tool they were using enter the bulding/ ship?” Explain.

Question 2

Prove: Any [part of a] building

Answer 2

Any [part of a] 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.

“Where was the offender?”

Question 3

Prove: Any [part of a] ship

Answer 3

Any [part of a] vessel used in navigation, however propelled.

Question 4

Prove: Without authority

Answer 4

• *An absence of authority,** either expressed or implied, from a person the defendant believes is legally able to give consent.
• “Who can give authority?”*

Question 5

Prove:
With intent to commit an imprisonable offence in the building
OR
With intent to commit an imprisonable offence in a ship

Answer 5

There must be an intention to commit an imprisonable offence in the building

OR

• *in the ship**
• “What were they trying to accomplish? How can you prove it?”*