House Breaking

Question 1

What is the main house breaking offenxe?

Answer 1

Break and enter section 112 crimes act

Question 2

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

Answer 2

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

Question 3

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

Answer 3

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

Question 4

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

Answer 4

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

Question 5

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

Answer 5

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

Question 6

What are the two types of break?

Answer 6

Actual and constructive

Question 7

How do we prove break?

Answer 7

Was a seal of some kind broken.

Question 8

What are 3 examples of a break?

Answer 8

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.

Question 9

Does it have to be an external seal?

Answer 9

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

Question 10

What are the three types of constructive break?

Answer 10

Threat, fraud, conspiracy

Question 11

What if the person had permission to enter the premises?

Answer 11

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

Question 12

How do we prove entry by the accused?

Answer 12

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

Question 13

What is a dwelling house?

Answer 13

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.

Question 14

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

Answer 14

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

Question 15

How do we prpvw serious indictable offenxe

Answer 15

Carriea 5 yrs or more imprisonment

Larceny, assault ABH, intimidation, damage property etc

Question 16

Define break out

Answer 16

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.

Question 17

Where are the circumstances of aggravation and special aggravation located?

Answer 17

S105A crimes act

Question 18

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

Answer 18

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.

Question 19

Circumstances of special aggravation

Answer 19

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)

Question 20

Are alternative verdicts available for house br e aking offences?

Answer 20

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

Question 21

Define company

Answer 21

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

Question 21

Define company

Answer 21

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

Question 22

What is the jurisdiction of house breaking offences.

Answer 22

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

Question 23

What is section 113 crimes act?

Answer 23

Break and enter wirh intent to commit serious indictable offence.

Question 24

What is the difference vetween s112 and 113 crimes act?

Answer 24

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

Question 25

What is section 114 crimes act?

Answer 25

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.

Question 26

Is an intention to return the property a defence?

Answer 26

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