OF03: Burglary

Question 1

Act and Section

Answer 1

Crimes Act 1961
Section 231(1)(a)

Question 2

Penalty for Burg

Answer 2

10 years imprisonment

Question 3

Elements

Answer 3

Enter
A building, ship or part of
Without authority
To commit an imprisonable offence in the building or ship

Question 4

Enters

Answer 4

As soon as the person gains entry or access to the inside of the building or ship or enclosed yard

Question 5

Any building

Answer 5

Structure or place whether its permanent or temporary

Question 6

Any ship

Answer 6

A vessel used in navigation and propelled

Question 7

Part of

Answer 7

A section of the building or ship

Question 8

Without authority

Answer 8

No belief to have authority or consent

Question 9

With intent to commit…

Answer 9

Guilty mind or knowledge
Mens Rea
Offence does not need to happen

Question 10

Enclosed yard

Answer 10

Property or yard is enclosed by boundaries, fences or other borders

Question 11

When is the offence NOT burglary?

Answer 11

When the intent cannot be proven

When property is stolen from a yard that is not fenced in any manner

Question 12

How can “without authority” be proved?

Answer 12

There was NO legitimate authority

The person had knowledge they did not have authority

Question 13

How else can entry or access be gained into a building?

Answer 13

Threats

Artifice

Question 14

Threats

Answer 14

Using words or gestures to gain compliance to the demand

Question 15

Artifice

Answer 15

Cunning, skilled, artistic manner to manipulate authority to gain entry

Question 16

Act and section for burglary (having entered)

Answer 16

Crimes Act
Section 231(1)(b)

Question 17

Elements

Answer 17

Having entered
Any building or ship
Remained without authority
With into to commit an imprisonable offence

Question 18

Having entered

Answer 18

Physically inside

Question 19

Remains without authority

Answer 19

Remains when consent or authority no longer applies

Question 20

Section for Aggravated Burglary

Answer 20

Section 232

Question 21

Elements for Section 242(1)(a)

Answer 21

While committing
Has a with his or her
A weapon
uses anything as a weapon

Question 22

Penalty for Agg Burg

Answer 22

14 years

Question 23

Penalty when armed and intents to commit burglary

Answer 23

5 years

Question 24

Has a weapon

Answer 24

Does not need to be in possession physically, can be accessed

Question 25

A weapon

Answer 25

Any item designed or adapted to cause injury, and intended to be used for that purpose

Question 26

Uses anything as a weapon

Answer 26

When GBH is caused by an item, that item become a weapon

Question 27

Elements for Section 232(1)(b)

Answer 27

Having committed
Has a weapon
While still in the building

Question 28

Section for Possession of Instruments

Answer 28

Section 233(1)(a)

Question 29

Elements for Section 233(1)(a)

Answer 29

Without lawful justification or excuse
Has in his or her possession
Any instrument capable of being used
With intent to use it for that purpose

Question 30

Any instrument…

Answer 30

A real article specifically used to help commit the burglary