Larceny Break and enter Flashcards
What section is breaking etc. into any house and commit serious indictable offence?
s.112 Crimes Act 1900
What are the 2 ways a s.112 can be committed?
s.112 (1)(a) – break, enter and commit serious indictable offence
Or
s.112 (1)(b) – already in premises, commit serious indictable offence and break out
s.112 (1)(a) – break, enter and commit serious indictable offence
What are the Elements?
Elements? The accused Breaks Enters Dwelling-house or other building Commits serious indictable offences
s.112 (1)(b) – being within premises, commit serious indictable offence and break out
What are the elements?
Elements? The accused Enters Dwelling-house or other building Commits serious indictable offence Breaks out
Break Enter and Commit Serious Indictable Offence
How many years Jail?
What type of offence is it?
How many years imprisonment?
Punishable by 14 years imprisonment
What type of offence is it?
Serious indictable offence (5 or more years punishment)
The element of breaking
What are the two ways of breaking?
Explain the actual breaking?
Give some examples?
What are the 2 ways of breaking?
Actual and constructive
Explain actual breaking
Actual breaking involves the breaking of the seal, interfering with the physical security of the dwelling-house or other building
Give some examples
Smashing/jemmying open window or door
Opening window or door that is closed (THEY DO NOT NEED TO BE LOCKED)
Removing tiles of a roof
Opening an interior door
Flicking the latch or chain off an otherwise partially opened window or door
The element of breaking
Explain constructive breaking and KFCT-OINGHT:
Explain constructive breaking
Constructive breaking involves entry being gained through the unauthorised use of:
(KFCT-onight)
K - KEY – Person has lawful access of a key but uses it in a manner for which authority to use has not been granted
F - FRAUD - False representations are made to gain access
C - CONSPIRACY - You work with another person who has legal access to the premises and lets you in without the consent of the owner
T - THREAT is made to the person with legal ability to give you access to the property with a threat of damage to property, assault etc. if they do not let them in
What are some examples of constructive breaking? (KFCT-onight)
Key –
a cleaner has keys to an office block as part of their role as cleaner but the cleaner uses the keys on this occasion to enter the office block and steal a computer.
Fraud –
A person poses as a Telstra worker and gains permission to enter the building on the premise of checking telephone lines and once in the building steals jewellery.
Conspiracy –
An office worker agrees to leave his office door open to allow his friend to go inside that night and steal a number of computers.
Threat –
A person threatens the owner or occupier of a dwelling-house or other building that, if they do not allow them in, they will do something such as assault the person, damage property.
What isn’t considered breaking?
Not breaking?
Pushing open a door that is ajar BUT not secured by a latch or chain
Raising an already partially opened window not secured by a latch or chain
Entering through a door/window etc that is already opened
What to remember about not breaking?
It is NOT considered a break if someone opens an already partially open window/door UNLESS its held open by a security device (latch, chain, etc)
What is the definition of entry?
Entry means moving from the outside to the inside of the dwelling-house or other building. Whereby a person entering a dwelling-house constitutes entry
What is an exception to this rule regarding a persons body entering a dwelling?
It isn’t necessary that a persons whole body go inside. Can be an arm
What is the other exception?
The insertion of an implement for the purpose of entering a dwelling-house may constitute entry
Example
Of using an implement to gain entry?
A person bends a wire coat hanger and inserts it through a window they have opened, lifting a handbag from the top of a filing cabinet, and then running off with the handbag. As the implement was inserted for the purpose of committing the serious indictable offence - in this case, larceny - then entry has occurred, even though no part of the person entered the building.
Circumstances of aggravation
What section is it found in ?
What are these circumstances: ACUPID!
What section is it found in?
s.105A – Definitions
What are these circumstances? (ACUPID)
A - Armed with offensive weapon or instrument
C - In Company of another offender
U - Use of corporal violence
P - Persons (lawful occupants) on premises at the time of the offence
I - Infliction of ABH
D - Deprivation of liberty
Circumstances of special aggravation
WHAT ARE THEY?
What are the circumstances of special aggravation?
Intentionally wounds or intentionally inflicts GBH on any person,
Inflicts GBH on any person and is reckless as to causing ABH
Armed with a dangerous weapon. - can include a replica firearm.
Offensive weapon or instrument
What is the definition?
What is the definition?
a dangerous weapon, or
any thing that is made or adapted for offensive purposes, or
any thing that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.
Dangerous weapon
What is the definition ?
What is the definition?
a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or
a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
a spear gun.
