OF03: Burglary Flashcards
Act and Section
Crimes Act 1961 Section 231(1)(a)
Penalty for Burg
10 years imprisonment
Elements
Enter
A building, ship or part of
Without authority
To commit an imprisonable offence in the building or ship
Enters
As soon as the person gains entry or access to the inside of the building or ship or enclosed yard
Any building
Structure or place whether its permanent or temporary
Any ship
A vessel used in navigation and propelled
Part of
A section of the building or ship
Without authority
No belief to have authority or consent
With intent to commit…
Guilty mind or knowledge
Mens Rea
Offence does not need to happen
Enclosed yard
Property or yard is enclosed by boundaries, fences or other borders
When is the offence NOT burglary?
When the intent cannot be proven
When property is stolen from a yard that is not fenced in any manner
How can “without authority” be proved?
There was NO legitimate authority
The person had knowledge they did not have authority
How else can entry or access be gained into a building?
Threats
Artifice
Threats
Using words or gestures to gain compliance to the demand
Artifice
Cunning, skilled, artistic manner to manipulate authority to gain entry
Act and section for burglary (having entered)
Crimes Act Section 231(1)(b)
Elements
Having entered
Any building or ship
Remained without authority
With into to commit an imprisonable offence
Having entered
Physically inside
Remains without authority
Remains when consent or authority no longer applies
Section for Aggravated Burglary
Section 232
Elements for Section 242(1)(a)
While committing
Has a with his or her
A weapon
uses anything as a weapon
Penalty for Agg Burg
14 years
Penalty when armed and intents to commit burglary
5 years
Has a weapon
Does not need to be in possession physically, can be accessed
A weapon
Any item designed or adapted to cause injury, and intended to be used for that purpose
Uses anything as a weapon
When GBH is caused by an item, that item become a weapon
Elements for Section 232(1)(b)
Having committed
Has a weapon
While still in the building
Section for Possession of Instruments
Section 233(1)(a)
Elements for Section 233(1)(a)
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
Any instrument…
A real article specifically used to help commit the burglary
