OF03 - BURGLARY

Question 1

4 elements for Burglary;

CA 1961 S231(1)(a)

Answer 1

CA S231(1)(a)

1. ENTERS
   entry is complete when any part of body/instrument is within
2. ANY BUILD/SHIP/YARD OR PART OF
3. WITHOUT AUTHORITY
   an absence of authority from a person legally able to give consent
4. WITH INTENT TO COMMIT IMPRISONABLE OFFENCE IN SHIP/BUILDING

Question 2

Enters;

Answer 2

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

Question 3

Having entered;

Answer 3

The offender has entered the building/ship or enclosed yard legally and legitimately and the decides to commit an imprisonable offence

Question 4

Building;

Answer 4

Any building or structure of any description,

whether permanent or temporary

Question 5

Ship;

Answer 5

Any vessel used in navigation,

Question 6

Part of building or ship;

Answer 6

Part of any building or structure of any description,
whether permanent or temporary
Part of any vessel used in navigation

Question 7

Without authority;

Answer 7

An absence of authority, either expressed or
implied, from a person the defendant believes is
legally able to give consent.

Question 8

Remains without authority;

Answer 8

The offender remains in building/ship/enclosed yard without authority on purpose, with intent, to commit an imprisionable offence.

Question 9

Intent to commit an imprisonable offence in the building or ship;

Answer 9

The offence must be an imprisonable offence and intent present regardless if act is carried out or not.

Question 10

Artifice

Answer 10

EG making up false identification to gain entry into someone’s building/ship/yard