Liabilities - Burglary

Question 1

Define the ingredient ‘Enters’.

Answer 1

• Entry is complete as soon as any part of the body of the person or instrument used by the person is within the building or ship.

Question 2

Define the ingredient ‘Any Building’.

Answer 2

• Any building or structure of any description
• Whether permanent or temporary
• And includes a tent, caravan, or houseboat;
• And also includes any enclosed yard or
• Any closed cave or closed tunnel

Question 3

Define the ingredient ‘Any Ship’

Answer 3

• Any vessel used in navigation, however propelled

Question 4

Define the ingredient ‘Any part of any building’.

Answer 4

• Part of any building or structure of any description
• Whether permanent or temporary
• And includes a tent, caravan, or houseboat;
• And also includes any enclosed yard or
• Any closed cave or closed tunnel

Question 5

Define the ingredient ‘Any part of any ship’.

Answer 5

• Part of any vessel used in navigation, however propelled

Question 6

Define the ingredient ‘Without Authority’.

Answer 6

• An absence of authority
• either expressed or implied
• from a person legally able to give consent

Question 7

Define the ingredient ‘With intent to commit an imprisonable offence in the building OR ship’

Answer 7

• There must be an intention to commit an imprisonable offence
• In the building or ship.

Question 8

List the ingredients for the offence of ‘Burglary (Having Entered)’

Answer 8

• Having Entered
• Any Building
• Remains without authority
• With an intent to commit an imprisonable offence in the building
  OR
• Ship

Question 9

Define the ingredient ‘Having entered’

Answer 9

• Is physically inside the building or ship

Question 10

Define the ingredient ‘Remains without consent’

Answer 10

• Remains when consent to be within
• the building or ship
• no longer applies

Question 11

Recognise the circumstances that amount to burglary.

Answer 11

• Enters or remains in any building or ship or any part of a building or ship
• Without authority
• With intent to commit an imprisonable offence in that building or ship

Question 12

Discuss the powers of arrest for this offence?

Answer 12

??

Question 13

Discuss the requirements for Aggravated Burglary.

Answer 13

• While committing burglary, has a weapon with him or her or uses anything as a weapon; or
• Having committed burglary has a weapon with him or her, or uses anything as a weapon, while still in the building or ship.

Question 14

List the Ingredients for the offence of ‘Burglary (Enters)’

Answer 14

• Enters
• Any Building
  OR
• Any Ship
  OR
• Any part of any building
  OR
• Any part of any ship
• Without authority
• With an intent to commit an imprisonable offence in the building
  OR
• Ship