Burgz Flashcards
What act does Burglary come under?
Crimes Act 1961
What section does Burglary come under?
231
Part 1
part 1,a
What are the elements of Burglary?
Enters. Any building or any part of a building, Any ship or any part of a ship. Without authority. With intent to commit an imprisonable offence in the building or ship.
Honorable mention:
Having entered.
Remains without authority.
How is “any building” defined/proven by?
any building or structure, permanent pr temporary, tent, caravan, houseboat, enclosed yard, closed cave or tunnel.
How is “any ship” defined/proven by?
Any vessel sed in navigation, however propelled.
How is without authority proven?
Without the authority expressed or implied the defendant believes is legally able to give consent.
What is the penalty for burglary?
Up to 10 years.
What is the penalty for aggravated burglary?
Up to 14 years.
What is Aggravated burglary?
While committing burglary has a weapon or uses anything as a weapon.
Having committed burglary, has a weapon while in the building.
How is “enters” Proven?
As soon as any part of the body of the person or any part of any instrument used buy that person is within the building or ship.