OF03: Burglary Flashcards
What does ‘Burglary’ mean?
Entering or gaining access to an enclosed area without authority with the intent to commit an offence
The offence of Burglary is found in which enactment?
Crimes Act 1961
State the Section in which burglary is made an offende
Section 231
When is an offence not classed as burglary?
If one or more element of the offence cannot be proven
When is an offence classed as burglary?
When the ‘intent’ is proven
State the 3 ways intent can be proven
Statement of intent prior to the act
Physical acts
Admissions after the fact
Which Section gives Police the power to arrest for ‘Burglary’?
Section 315
What is the title of Section 315?
Arrest without Warrant
What is the penalty for ‘Burglary’?
10 year’s imprisonment
Name the elements of ‘Burglary’
Enters
Any building or ship or Part of
Without Authority
With intent to commit an imprisonable offence in the building or ship
Define enters
As soon as the person gains access through any means to the building or enclosed (private) area
Define any building
Permanent or temporary building, structure, enclosed yard or private area
Define ship
Sea liners to row boats
Define without authority
The belief not to have permission or permitted access
Define enclosed yard
Boundaries around an area
Fenced yard or area
Property taken from the front of an address that is not fenced in anyway, is classed as theft or burglary?
Theft
State an example of entry gained by any threat
“If you don’t open the door, I will…”
Define threat
Any means to intimidate or scare another person for personal gain
What does ‘gained entrance by artifice’ mean?
The artificial authority to gain access or permission
State 3 examples of artifice
False identity cards
False pretence to enter a dwelling house
Pretending to be another person
What does ‘with intent to commit an imprisonable offence in that building or ship’ mean?
The necessary intent to commit an act, whether it was attempted or committed
