House Breaking Flashcards
What is the main house breaking offenxe?
Break and enter section 112 crimes act
How many offences does section 112 create? What are they?
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
What are the elements of s112(1)(a) crimes act?
Breaking by the accused
Entry by the accused
A dwelling house or any other building
Commit serious indictable offence as charged
What are the elements of s112(1)(b) crimes act
Accused was in a dwelling house
Accused committed a serious indictable offence
Accused broke out of dwelling house.
What are the penalties for an offence under s112 crimes act?
S112(1) 14 years
S112(2) aggravated 20 yrs
112(3) specially aggravated 25 yrs
What are the two types of break?
Actual and constructive
How do we prove break?
Was a seal of some kind broken.
What are 3 examples of a break?
- R v Brown opening a closed but fastened door
- R v hyams raising a closed but unfastened window
- R v Russel opening a cellar flap held down by own weight.
Does it have to be an external seal?
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
What are the three types of constructive break?
Threat, fraud, conspiracy
What if the person had permission to enter the premises?
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
How do we prove entry by the accused?
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
What is a dwelling house?
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.
Can a landlord be convicted of break and entering into a property he owns?
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
How do we prpvw serious indictable offenxe
Carriea 5 yrs or more imprisonment
Larceny, assault ABH, intimidation, damage property etc