Burglary - Section 231 (1) (b)

Question 1

Burglary

Answer 1

Section 231 (1) (b)

Question 2

Penalty

Answer 2

10 years

Question 3

Elements

Answer 3

1. Having Entered
2. Any Building or Ship
3. Remains in it without authority
4. With intent to commit an imprisonable offence in the building or ship

Question 4

Having Entered

Answer 4

The word ‘having’ changes the entry element from 231 (1) (a) as the accused must have already entered the building or ship before formulating the required intent to commit a crime.

Question 5

Entry

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
(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.

Section 231 (3) CA 1961

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.

Not a comprehensive list of all items that might fall within the definition.

Question 7

Ship

Answer 7

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

Remains

Answer 8

“remaining” suggests this form of the offence may be committed in two ways

The physical element 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.

The act does not provide 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

1. Intention to commit the act

2. Intention to get a specific result