OF03: Burglary Flashcards
What does section 321(1) of the Crimes Act make it an offence regarding burglary?
This section makes in an offence for everyone who:
(a) Enters any building or ship, or part of any building or ship, without authority and with intent to commit an impressionable offence in the building or ship, OR
(b) Having entered any building or ship, remains in it without authority and with intent to commit an impressionable offence in the building or ship
What are the element for the offence Burglary
- Enters
- Any building OR any ship OR part of any building OR part of any ship
- Without authority
- With the intent to commit an imprisonable offence
What is meant by a building in regards to burglary?
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 tunnel or closed cave
What does authority mean for burglary?
To commit the offence of burglary they must have entered a building or ship, or part of a building or ship, or an enclosed yard without authority.
Authority includes both express and implied authority. If there is authority (from a person whom the defendant believes is entitled to authorise him or her) to either enter or remain in the building, this authority must:
-extend to the defendant
-extend to the defendants actions on the property
What is a definition of an enclosed yard
A yard in enclosed if the bulk of the boundary is in some way enclosed
What does threat and without authority apply?
If authority to enter or remain is gained due to any threat, this is still considered ‘without authority’
What is Artifice in relation to buglary
Entry is obtained by permission of a nature of the act (threat or artifice) causes the authority to be negated. Therefore the enter ‘without authority’
For burglary does an offence have to be committed or attempted?
No, all that is required in the necessary INTENT.
What are the elements for Burglary (having entered)?
- Having entered
- Any building or ship or part of any building or ship
- Remains without authority
- With intent to commit an imprisionable offence
What additional elements are required for aggravated burglary?
Penalty : 14 years max
1/ while committing burglary, has a weapon with hum or her or uses anything as a weapon
2/ having committed burglary has a weapon with him or her, or uses anything as a weapon, while still in the building or ship
Penalty : 5 years max
Everyone who is armed with a weapon with intent to commit burglary
Having access to a weapon is sufficient
What is a weapon
Any item used to cause bodily harm
What is meant by ‘Enters’
Entry is complete as soon as any part of the body of that person, or any part of any instrument used by that person, is within the building or ship
