OF03 Burglary

Question 1

What are the elements of Burglary - Enters?

Answer 1

Enters

Any building
OR 
Any Ship
OR
Part of any building
OR
Part of any ship

Without authority

With the intent to commit an offence punishable by imprisonment inside the building or ship

Question 2

What are the elements of Burglary - Having entered

Answer 2

Having entered

Any building
OR
Any ship

Remains without authority

With the intent to commit an offence punishable by imprisonment inside the building or ship

Question 3

What section and act is burglary covered under?

Answer 3

Section 231 (1) of the Crimes Act 1961

Question 4

What are the two forms of “enters”

Answer 4

1. Part of the offender enters the building or ship

2. Part of an instrument the offender is using to commit the offence

Question 5

What is artifice entry

Answer 5

Entry (without authority) where the legal authority has been deceived into consenting to entry.

Question 6

What is threat entry

Answer 6

Entry (without authority) that has been granted as the result of a threat.

Question 7

Define without authority

Answer 7

No permission from some one the defendant believes is legally able to give consent. Expressed or implied

Question 8

Define remains without authority

Answer 8

Remains in the building or ship when consent no longer applies.

Question 9

What does “any part of a building or ship” mean?

Answer 9

a specific room or area in the ship or building where there is no consent to be.

Question 10

What is aggravated burglary?

Answer 10

An offence committed where all the elements of burglary are present, but also while committing or having committed the burglary, the offender has a weapon on them or uses anything as a weapon.

Question 11

What category are imprisonable offences?

Answer 11

Category 2 - under 2 years imprisonment or community service.
Category 3 - over 2 years imprisonment
Category 4 - serious offences