Burglury Flashcards

Law

1
Q

The offence of burglary

A

Section 231 other Crimes Act 1961

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2
Q

Elements of burglary Crimes Act 1961

A

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

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3
Q

Power of arrest for burglary without warrant

A

Section 315 of the Crimes Act 1961

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4
Q

Aggravated burglary

A

Will committing burglary has a weapon with him or her or uses anything as a weapon

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5
Q

Define enters

A

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

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6
Q

Define any building

A

Include houses warehouses tents caravans close Caves closed tunnels shops, whether permit or temporary

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7
Q

Define any ship

A

Includes ocean liners through to dinghies

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8
Q

Define having entered

A

Is physically inside the building or ship

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9
Q

Define any part of ship

A

Part of any vessel used in navigation, however propelled

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10
Q

Define any part of a building

A

Part of any building or structure of any description with a permanent or temporary

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11
Q

Define without authority

A

An absence of authority comma either expressed or implied, from a person the defending believes is legally able to give consent

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12
Q

Define artifice

A

Involves being cunning skilled artful. For example false identity

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13
Q

Define with intent to commit an impregnable offence in the building or ship

A

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

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14
Q

Define remains without authority

A

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

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15
Q

Offence burglary having entered

A

Crimes Act 1961 section 231b

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16
Q

Offence of possession of instruments for burglary

A
Section 233 (1) (a) 
Without lawful authority or excuse. Has in his or her position. Any instruments capable of being used for burglary. within intent to use it for such a purpose