OF03:Burglary

Question 1

How can intent be proved for Burglary?

Answer 1

• Statements of intent made prior to the incident
• Physical acts during the incident
• Admissions made “by the offender” after the incident

Question 2

What section of the Crimes Act 1961 covers Burglary?

Answer 2

Section 231(1)(a)

Question 3

What is the penalty for burglary?

Answer 3

10 years

Question 4

What gives police power of arrest without a warrant for the offence of burglary?

Answer 4

Section 315 Crimes Act 1961

Question 5

What is the meaning of Enters?

Answer 5

any part of the body or the person or part of any instrument used by that person, is within the building or ship

Question 6

What are some ways enters could be described?

Answer 6

• Offenders foot going inside an open doorway
• tip of screwdriver passing through the INSIDE of the window or door
• jumping over a fenced-off yard or cutting a hole through into it
• pushing something through an open window to grab something

Question 7

What is the meaning of Having Entered?

Answer 7

Is physically inside the building or ship already for legal and legitimate reasons

Question 8

What is the meaning of Any Building?

Answer 8

permanent or temporary building or structure which includes, a tent, caravan, or houseboat, and also any enclosed yard or any closed cave or tunnel

Question 9

What is the meaning of Ship?

Answer 9

a vessel used in navigation, however, propelled. Oceanliners through to row boats

Question 10

What is the meaning of Part of Building or Ship?

Answer 10

In a building or ship for lawful, legitimate reasons but then entering another part of the building or ship

Question 11

What is the meaning of Without Authority?

Answer 11

Absence of authority expressed or implied from someone the they believed could legally give consent

Question 12

What is the meaning of Remains without Authority?

Answer 12

Remains when consent no longer applies to be in the building or ship

Question 13

What does it mean by Intent to commit an imprisonable offence?

Answer 13

The intent to commit a category 2, 3 or 4 offence i.e. theft

Question 14

What is the meaning of Artifice?

Answer 14

Being cunning, skilled or artful to gain entry under false pretences

Question 15

What is the penalty for aggregated burglary?

Answer 15

14 years

Question 16

When is it aggregated burglary?

Answer 16

When committing or having committed a burglary they have a weapon on them or use anything as a weapon

Question 17

Where would you find Aggravated Burglary?

Answer 17

Section 232, Crimes Act 1961

Question 18

Where would you find burglary (having entered)?

Answer 18

Section 231(1)(b), Crimes Act 1961

Question 19

Where would you find Possession of Instruments or Burglary?

Answer 19

Section 233(1)(a), Crimes Act 1961