OF03 Burglary

Question 1

Elements of Burglary Section 231 1 (a)

Answer 1

• Enters
• Any building OR any ship OR any part of building OR any part of ship
• Without authority
• With the intent to commit an imprisonable offence in the building OR with the intent to commit an imprisonable offence in the ship

Question 2

Elements of Burglary Section 231 1 (b)

Answer 2

• Having entered
• Any building OR any ship
• Remains without authority
• With the intent to commit an imprisonable offence in the building OR ship

Question 3

Aggravated Burglary

Answer 3

-while committing burglary has a weapon on him or using anything as a weapon
OR
-having committed burglary has a weapon with him or uses anything as a weapon while still in the building

The fact the offender in in the possession of a toll doesn’t make it a weapon

Question 4

Part of building or ship

Answer 4

Enters legitimately without intent. Forms intent then moves into another part of the building or ship

Question 5

Ship

Answer 5

Any vessel used in navigation

Question 6

Without authority

Answer 6

Absence of authority from a person legally able to give consent

Question 7

Remains without authority

Answer 7

Remains when consent to be within building or ship no longer applies

Question 8

Difference between enters and having entered

Answer 8

Enters - illegally. Doesn’t have authority to be there

Having entered - legally and legitimately enters building then remains without consent

Question 9

Having entered

Answer 9

Physically inside

Question 10

Artifice

Answer 10

Enters under false pretences

- Makes it without authority