OF03: Burglary

Question 1

What does ‘Burglary’ mean?

Answer 1

Entering or gaining access to an enclosed area without authority with the intent to commit an offence

Question 2

The offence of Burglary is found in which enactment?

Answer 2

Crimes Act 1961

Question 3

State the Section in which burglary is made an offende

Answer 3

Section 231

Question 4

When is an offence not classed as burglary?

Answer 4

If one or more element of the offence cannot be proven

Question 5

When is an offence classed as burglary?

Answer 5

When the ‘intent’ is proven

Question 6

State the 3 ways intent can be proven

Answer 6

Statement of intent prior to the act
Physical acts
Admissions after the fact

Question 7

Which Section gives Police the power to arrest for ‘Burglary’?

Answer 7

Section 315

Question 8

What is the title of Section 315?

Answer 8

Arrest without Warrant

Question 9

What is the penalty for ‘Burglary’?

Answer 9

10 year’s imprisonment

Question 10

Name the elements of ‘Burglary’

Answer 10

Enters
Any building or ship or Part of
Without Authority
With intent to commit an imprisonable offence in the building or ship

Question 11

Define enters

Answer 11

As soon as the person gains access through any means to the building or enclosed (private) area

Question 12

Define any building

Answer 12

Permanent or temporary building, structure, enclosed yard or private area

Question 13

Define ship

Answer 13

Sea liners to row boats

Question 14

Define without authority

Answer 14

The belief not to have permission or permitted access

Question 15

Define enclosed yard

Answer 15

Boundaries around an area

Fenced yard or area

Question 16

Property taken from the front of an address that is not fenced in anyway, is classed as theft or burglary?

Answer 16

Theft

Question 17

State an example of entry gained by any threat

Answer 17

“If you don’t open the door, I will…”

Question 18

Define threat

Answer 18

Any means to intimidate or scare another person for personal gain

Question 19

What does ‘gained entrance by artifice’ mean?

Answer 19

The artificial authority to gain access or permission

Question 20

State 3 examples of artifice

Answer 20

False identity cards
False pretence to enter a dwelling house
Pretending to be another person

Question 21

What does ‘with intent to commit an imprisonable offence in that building or ship’ mean?

Answer 21

The necessary intent to commit an act, whether it was attempted or committed