Housebreaking and kindred offences Flashcards
S112 Crimes Act?
Break, Enter and Commit SIO
Proofs of 112?
- Breaking by accused
- Entry by the accused
- A dwelling house (or any other building)
- 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
Types of break?
Actual or Constructive.
Type of Constructive break?
Threats, Fraud, Conspiracy.
Does break need to occur before entry?
No
Actual break must involve what?
A breaking of a seal.
Opening of internal door included. R v Johnson
Case on permission to enter premises?
Ghamrawi et al v R
Would person ordinarily have permission to enter? If yes, no break.
Case on body part for entry?
R v Davis -
Any part of offenders body, however small - constitutes entry.
Case on using an implement to enter?
R v Rust and Ford. (more info from lecture note)
What if defendant uses a stick to smash window only but not to enter, and in process of break, stick goes into house?
Not entry if it is used solely to break.
Dwelling house definition and section?
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.
Can you break enter your own house?
No
Can a landlord break into tennants house?
Yes, the test is occupation. not ownership.
Serious indictable offence?
Punishable by 5 years or more.
Larceny
AOBH
Damage property
Circumstances of aggravation? Section?
105 A
- Armed w offensive weapon
- In company
- Corporal violence etc
- ABH
- knows a Person is home
- deprivation liberty
105A (f)?
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.
Presumption for 105A (2A) ?
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.
Special aggravation?
a) Wounds, or intentionally or recklessly inflicts GBH on anyone
b) Offender armed with dangerous weapon.
Dangerous weapon? Section?
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.
alternate verdicts?
115A
Descending scale only, can be found guilty of a lesser offence not a higher one.
i.e - Aggravated form reduce to basic form.
Are alternate verdicts available in local court?
No
Armed? Case?
Miller v Hrovejevic
To be more than in possession of it, must be available for imediate use as a weapon.
Difference between an attempt B and E under 112 and an offence under 113?
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.
Example of attempt under 112?
Going to the house, trying to jimmy open the window but not being able to.
Example of 113?
Going to house, breaking in with the intent to steal, but not committing the steal.
S114?
Armed with intent to commit indictable offence.
114 1 (a)
a) Armed with any weapon, instrument, with intent to commit IO
114 1 (b)
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
114 1 (c)
c) Has his or her face blackened or disguised, or has in possession means for blacking/disguise with intent to commit IO
114 1 (d)
Enters or remains on any part of building or land with intent to commit indictable offence
s 148?
Steal property in dwelling house.
Difference between 148 and 112?
148 does not involve any breaking of seals, and 148 is dwelling house only.
