Liabilities - Burglary Flashcards

0
Q

Define the ingredient ‘Enters’.

A
  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define the ingredient ‘Any Building’.

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define the ingredient ‘Any Ship’

A
  • Any vessel used in navigation, however propelled
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define the ingredient ‘Any part of any building’.

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define the ingredient ‘Any part of any ship’.

A
  • Part of any vessel used in navigation, however propelled
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define the ingredient ‘Without Authority’.

A
  • An absence of authority
  • either expressed or implied
  • from a person legally able to give consent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

A
  • There must be an intention to commit an imprisonable offence
  • In the building or ship.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A
  • Having Entered
  • Any Building
  • Remains without authority
  • With an intent to commit an imprisonable offence in the building
    OR
  • Ship
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Define the ingredient ‘Having entered’

A
  • Is physically inside the building or ship
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define the ingredient ‘Remains without consent’

A
  • Remains when consent to be within
  • the building or ship
  • no longer applies
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Recognise the circumstances that amount to burglary.

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Discuss the powers of arrest for this offence?

A

??

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Discuss the requirements for Aggravated Burglary.

A
  • 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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly