Burglary - Section 231 (1) (a)

Question 1

Burglary

Answer 1

Section 231 (1) (a) Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Elements

Answer 3

1. Enters
2. Any Building or Ship
3. Without Authority
4. With intent to commit an imprisonable offence in the building or ship

Question 4

Entry (a)

Answer 4

Defined under s231 (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.

Question 5

Entry (b)

Answer 5

Defined under s231 (3) (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

Building

Answer 6

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. 
Section 231 (2) CA 1961

“includes” - not attempting to provide a comprehensive list of all the items that might fall within the definition.

Question 7

Ship

Answer 7

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.
Section 2, CA 1961

Question 8

Authority

Answer 8

The act does not provided a definition of “authority”.
In general terms permission to enter onto (or remain within) the premises will be given by the occupier or person entitled to give consent.

Question 9

3 Step process “without authority”

Answer 9

1. What is the authority asserted?
2. What is the extent of that authority?
3. Was it exceeded?

Question 10

Mental element - R v Collins

Answer 10

There cannot be a conviction for entering a 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 11

Intent

Answer 11

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 12

An imprisonable offence

Answer 12

Any offence punishable by a term or imprisonment