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PEP 53 > Housebreaking and kindred offences > Flashcards

Housebreaking and kindred offences Flashcards

1
Q

S112 Crimes Act?

A

Break, Enter and Commit SIO

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2
Q

Proofs of 112?

A
  1. Breaking by accused
  2. Entry by the accused
  3. A dwelling house (or any other building)
  4. Commit the serious indictable offence as charged, OR

Alternatively 112 (1) (b), whilst accused in building

a) Committed a Serious indictable offence AND
b) Then broke out

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3
Q

Types of break?

A

Actual or Constructive.

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4
Q

Type of Constructive break?

A

Threats, Fraud, Conspiracy.

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5
Q

Does break need to occur before entry?

A

No

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6
Q

Actual break must involve what?

A

A breaking of a seal.

Opening of internal door included. R v Johnson

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7
Q

Case on permission to enter premises?

A

Ghamrawi et al v R

Would person ordinarily have permission to enter? If yes, no break.

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8
Q

Case on body part for entry?

A

R v Davis -

Any part of offenders body, however small - constitutes entry.

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9
Q

Case on using an implement to enter?

A

R v Rust and Ford. (more info from lecture note)

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10
Q

What if defendant uses a stick to smash window only but not to enter, and in process of break, stick goes into house?

A

Not entry if it is used solely to break.

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11
Q

Dwelling house definition and section?

A

S 4 Crimes Act.
Dwelling-house includes—
(a) any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied,
(b) a boat or vehicle in or on which any person resides, and
(c) any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupation of the dwelling-house.

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12
Q

Can you break enter your own house?

A

No

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13
Q

Can a landlord break into tennants house?

A

Yes, the test is occupation. not ownership.

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14
Q

Serious indictable offence?

A

Punishable by 5 years or more.
Larceny
AOBH
Damage property

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15
Q

Circumstances of aggravation? Section?

A

105 A

  • Armed w offensive weapon
  • In company
  • Corporal violence etc
  • ABH
  • knows a Person is home
  • deprivation liberty
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16
Q

105A (f)?

A

The alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

17
Q

Presumption for 105A (2A) ?

A

If persons in house, defendant is presumed to know that fact unless he satisfies the Court that he had reasonable grounds for believeing there was no one home.

18
Q

Special aggravation?

A

a) Wounds, or intentionally or recklessly inflicts GBH on anyone
b) Offender armed with dangerous weapon.

19
Q

Dangerous weapon? Section?

A

S 4 Crimes Act.
Dangerous weapon means—
(a) a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
(c) a spear gun.

20
Q

alternate verdicts?

A

115A
Descending scale only, can be found guilty of a lesser offence not a higher one.
i.e - Aggravated form reduce to basic form.

21
Q

Are alternate verdicts available in local court?

A

No

22
Q

Armed? Case?

A

Miller v Hrovejevic

To be more than in possession of it, must be available for imediate use as a weapon.

23
Q

Difference between an attempt B and E under 112 and an offence under 113?

A

Attempt break enter is an attempt to commit that offence, actions towards that offence, an offence under 113 is committing the break, and entering, with an intention to commit a Serious indictable offence.

24
Q

Example of attempt under 112?

A

Going to the house, trying to jimmy open the window but not being able to.

25
Q

Example of 113?

A

Going to house, breaking in with the intent to steal, but not committing the steal.

26
Q

S114?

A

Armed with intent to commit indictable offence.

27
Q

114 1 (a)

A

a) Armed with any weapon, instrument, with intent to commit IO

28
Q

114 1 (b)

A

b) Has in his or her possession without lawful excuse, any implement capable of being used to enter or drive or enter and drive a conveyance

29
Q

114 1 (c)

A

c) Has his or her face blackened or disguised, or has in possession means for blacking/disguise with intent to commit IO

30
Q

114 1 (d)

A

Enters or remains on any part of building or land with intent to commit indictable offence

31
Q

s 148?

A

Steal property in dwelling house.

32
Q

Difference between 148 and 112?

A

148 does not involve any breaking of seals, and 148 is dwelling house only.

PEP 53 (41 decks)

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