OF03 Burglary

Question 1

Crimes Act 1961 Section 231 (1) (a) Burglary

Answer 1

Elements:
- Enters
- Any Building
or
- Any ship
or 
- Any part of a building.
or
- Any part of a ship
- Without authority 
- With the intent to commit and imprisonable offence within that building.
or
- Ship

Question 2

Crimes Act 1961 Section 231 (1) (b) Burglary (having entered)

Answer 2

Elements:
- Having entered.
- Any building 
or
- Any ship
- Remains without authority
- With the intent to commit and imprisonable offence within that building.
or
- Ship

Question 3

Crimes Act 1961 Section 232 (1) (a) Aggravated Burglary

Answer 3

While committing burglary, has a weapon with him or her or uses any thing as a weapon.
231 (1) (b) and 231 (1) (a) must be proved.

Question 4

Crimes Act 1961 Section 232 (1) (b) Aggravated Burglary

Answer 4

Having committed burglary, has a weapon with him or her, or uses any thing as a weapon, while still in the building or ship.
231 (1) (b) and 231 (1) (a) must be proved.

Question 5

Define “Enter”

Answer 5

an offenders foot, hand, body, tool (tip of screwdriver) goes through a window or door, jumping over the fence into an enclosed yard ( standard NZ property). Pushing a fishing rod through a window to take property.

Question 6

Define “Building or ship”

Answer 6

any permanent or temporary house, caravan, tent, warehouse,closed tunnel etc ocean liners down to dingys.

Question 7

Define “without authority”

Answer 7

Entering a property or part of a property with out permission / legitimate reason.

Question 8

Define “With the intent to commit and imprisonable offence with in that building or ship”

Answer 8

That the reason they have entered is to commit a crime that will result in imprisonment if caught.