Burglury Flashcards
Law
The offence of burglary
Section 231 other Crimes Act 1961
Elements of burglary Crimes Act 1961
Enters, any building OR any ship OR any part of a building OR any part of a ship, without authority, with intent to commit an imprisonable offence in the building OR ship
Power of arrest for burglary without warrant
Section 315 of the Crimes Act 1961
Aggravated burglary
Will committing burglary has a weapon with him or her or uses anything as a weapon
Define enters
Injury 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
Define any building
Include houses warehouses tents caravans close Caves closed tunnels shops, whether permit or temporary
Define any ship
Includes ocean liners through to dinghies
Define having entered
Is physically inside the building or ship
Define any part of ship
Part of any vessel used in navigation, however propelled
Define any part of a building
Part of any building or structure of any description with a permanent or temporary
Define without authority
An absence of authority comma either expressed or implied, from a person the defending believes is legally able to give consent
Define artifice
Involves being cunning skilled artful. For example false identity
Define with intent to commit an impregnable offence in the building or ship
There must be an intention to commit an imprisonable offence in the building or ship
Define remains without authority
Example while in a shop or building, the offender decides to commit an imprisonable offence and hides within the location on purpose their authority to remain would be void at the time the store closes
Offence burglary having entered
Crimes Act 1961 section 231b