OF03 BURGLARY Flashcards
What section is burglary?
Section 231 of the crimes act
Penalty for burglary
10 Years
Elements of burglary
Enters
Any building OR Any Ship OR Any part of a building OR Any part of a ship
Without authority
With intent to commit an imprisonable offence in the building
OR
With intent to commit an imprisonable offence in a ship
Enters deffination
Entry is complete as soon as any part of the body
of the person or any part of any instrument used
by that person, is within the building or ship.
Any building defenition
Any building or structure of any description,
whether permanent or temporary; and includes a tent,
caravan, or houseboat; and also includes any enclosed
yard or any closed cave or closed tunnel.
Any ship defenition
Any vessel used in navigation, however propelled
Includes ocean liners through to row boats.
Without authority defenition
An absence of authority, either expressed or
implied, from a person the defendant believes is
legally able to give consent.
With intent to commit an
imprisonable offence in the
building defenition
There must be an intention to commit an
imprisonable offence in the building
With intent to commit an
imprisonable offence in a ship
there must be an intention to commit an
imprisonable offence in the ship
What section is Burglary (having entered)
231b
Elements of Burg having entered
Having entered
Any building OR Any ship
Remains without authority
With intent to commit an imprisonable offence in the building OR ship
Section 233 Crimes Act
Possession of instruments for burglary
What is aggrivated burglary?
while committing burglary, has a weapon with him or her or uses
anything as a weapon; or
having committed burglary has a weapon with him or her, or uses
anything as a weapon, while still in the building or ship.
