House Breaking Flashcards

1
Q

What is the main house breaking offenxe?

A

Break and enter section 112 crimes act

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2
Q

How many offences does section 112 create? What are they?

A

S112(1)(a) break and enter any dwelling house and commit serious indictable offence therein

S112(1)(b) being in any dwelling house or other building, commit serious indictable offence and break out

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3
Q

What are the elements of s112(1)(a) crimes act?

A

Breaking by the accused
Entry by the accused
A dwelling house or any other building
Commit serious indictable offence as charged

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4
Q

What are the elements of s112(1)(b) crimes act

A

Accused was in a dwelling house
Accused committed a serious indictable offence
Accused broke out of dwelling house.

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5
Q

What are the penalties for an offence under s112 crimes act?

A

S112(1) 14 years
S112(2) aggravated 20 yrs
112(3) specially aggravated 25 yrs

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6
Q

What are the two types of break?

A

Actual and constructive

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7
Q

How do we prove break?

A

Was a seal of some kind broken.

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8
Q

What are 3 examples of a break?

A
  1. R v Brown opening a closed but fastened door
  2. R v hyams raising a closed but unfastened window
  3. R v Russel opening a cellar flap held down by own weight.
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9
Q

Does it have to be an external seal?

A

R v Johnson - no. If the theif gains admission into the house by the outer door or window being open and afterwards breaks or unlocks etc any inner door for the purpose of entering one of the rooms in the house or other building with the intent to commit SIO such action would amount to a breaking

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10
Q

What are the three types of constructive break?

A

Threat, fraud, conspiracy

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11
Q

What if the person had permission to enter the premises?

A

If someone intends to commiy an unlawful act on tbw premises but entry has been gained wirhout trickery or threat, the correct offenxe is s 111 crimes act enter dwellong commit SIO as cant prove break. GHAMRAWI V R

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12
Q

How do we prove entry by the accused?

A

R v Davis - any part of the offenders body entering the dwelling however small.

R v rust & ford: where a tool or other instrument is intruded without any part of the person being within the house it is an entry if the insertion was for the purposes of completing the felony but not if it was merely to accomplish breaking

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13
Q

What is a dwelling house?

A

S4 crimes act: dwelling house includes:
A) any building or other structure intended for occupation as a dwelling and capable of being so occupiedbalthough it has never been so occupied
B) a boat or vehixle in or on which any person resides
C) any building or other structure within a some cartilage as a dwelling house ans occupied therewith or whose use is ancillary to the occupation of the dwelling house.

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14
Q

Can a landlord be convicted of break and entering into a property he owns?

A

Landlord can be charges for breaking and entering premises occupied by tenant as the definition of dwelling house requires occupation not ownership. Can be charged with breaking and entering into dwelling of another person but not your own

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15
Q

How do we prpvw serious indictable offenxe

A

Carriea 5 yrs or more imprisonment

Larceny, assault ABH, intimidation, damage property etc

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16
Q

Define break out

A

Break has the same meaning. Can be am internal or closer but unlocked door. Eg secretes themselves inside until premises closef steals and breaks out.

17
Q

Where are the circumstances of aggravation and special aggravation located?

A

S105A crimes act

18
Q

What are the circumstances of aggravation for an offence undet s 112 crimes act?

A

S105A crimes act
A) the offender is armed with an offensive weapon or instrument
B) offender is in the company of another person or person’s
C) offender uses corporal violence on any person
D) offender intentionally or recklessly inflicts ABH on any person
E) offender deprives any person of his or her liberty
F) offender knows that there is a pwrson or that there are pwrsons in the place where the offenxe is being commited.

19
Q

Circumstances of special aggravation

A

S105A crimes act. Circumstances involving any or all of the following
A) the aleged offender intentionslly wounds or inflicts, GBH on any person
B) rhe offender inflicts GBH on any person and is rexkless as to cauaing ABH to that or any person
C) offender is armed with a dangerous weapon (firearm prohibited weapon, spesr gun)

20
Q

Are alternative verdicts available for house br e aking offences?

A

Yes. S115A crimes act allows alternative verdixta in specified house breaking offences to be found in descending level of aggravation only. Eg special aggravation may be reduced to aggravated form.

They cant be bumped up.

And cant be used in local court. Only available when dealt with on indictment

21
Q

Define company

A

Button v griffen it has been held that there must be such proximity as would enable an inference that coercive effect of the group operated either to embolden or reassure tje offendee in commiting the crime or intimidate the victim into submission

21
Q

Define company

A

Button v griffen it has been held that there must be such proximity as would enable an inference that coercive effect of the group operated either to embolden or reassure tje offendee in commiting the crime or intimidate the victim into submission

22
Q

What is the jurisdiction of house breaking offences.

A

An offence under s 109(2), 111(2), 112(2), 113(2) where SIO is larceny or malicious damage and value of property less then $60,000 and aggravation is in company then matters are table 1 offences

Otherwise strictly indictable offences

23
Q

What is section 113 crimes act?

A

Break and enter wirh intent to commit serious indictable offence.

24
Q

What is the difference vetween s112 and 113 crimes act?

A

Both have the same proofs except s113 doesn’t requore the SIO to have been committed only that they intention to comit it.

Intent must be contemporaneous with the breaking amd entering

25
Q

What is section 114 crimes act?

A

Creates four separate offences
S114(1)(a) armed with any weapon/instrument with intent to commit indictable offence
B) has in their possession, without lawful excuse any implement of house breaking or safe breaking or any implement capable of being used to enter/drivw a conveyance
C) has their face blackened or otherwise disguised or has in their possession the means of blackeninf or otherwise disguising their face with intent to commit an indictable offence
D) enters or remains in or upon any part of a buildinf or any land occupied or used in connection there wirh intent to commit an indictable offenxe in or upon the building shall be liable to imprisonment for 7 yrs.

26
Q

Is an intention to return the property a defence?

A

S118 Crimes act. No. Where on trial for larceny it appears the person appropriated the property in question to their own use or for the accuseds own benefit or that of anotjer but intended to eventually restore the same or in the case of money to return an equivalent amount such person shall not by reason only thereof be entitled to an acquittal