Burgz Flashcards

1
Q

What act does Burglary come under?

A

Crimes Act 1961

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2
Q

What section does Burglary come under?

A

231
Part 1
part 1,a

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3
Q

What are the elements of Burglary?

A
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.

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4
Q

How is “any building” defined/proven by?

A

any building or structure, permanent pr temporary, tent, caravan, houseboat, enclosed yard, closed cave or tunnel.

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5
Q

How is “any ship” defined/proven by?

A

Any vessel sed in navigation, however propelled.

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6
Q

How is without authority proven?

A

Without the authority expressed or implied the defendant believes is legally able to give consent.

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7
Q

What is the penalty for burglary?

A

Up to 10 years.

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8
Q

What is the penalty for aggravated burglary?

A

Up to 14 years.

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9
Q

What is Aggravated burglary?

A

While committing burglary has a weapon or uses anything as a weapon.

Having committed burglary, has a weapon while in the building.

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10
Q

How is “enters” Proven?

A

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.

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