OF03 Burglary (enters)

Question 1

Enters: proven by

Answer 1

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.

Question 2

Any building: proven by

Answer 2

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.

Question 3

Any ship; proven by

Answer 3

Any vessel used in navigation, however propelled.

Question 4

Any part of a building; proven by

Answer 4

Part of 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.

Question 4

Any part of a building; proven by

Answer 4

Part of 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.

Question 5

Any part of ship; proven by

Answer 5

Part of any vessel used in navigation, however propelled.

Question 6

Without authority; proven by

Answer 6

An absence of authority, either expressed or
implied, from a person the defendant believes is
legally able to give consent.

Question 7

With intent to commit an
imprisonable offence in the
building
OR
With intent to commit an
imprisonable offence in a ship

Proven by;

Answer 7

There must be an intention to commit an
imprisonable offence in the building
OR
there must be an intention to commit an
imprisonable offence in the ship.

Question 8

What are the elements of burglary in a building?

Answer 8

Enters

Any building

Without authority

With intent to commit an imprisonable offence in the building

Question 9

What are the elements of burglary in a ship?

Answer 9

Enters

Any ship

Without authority

With intent to commit an imprisonable offence in a ship

Question 10

What section gives police the power to arrest without warrant?

Answer 10

Section 315 of Crimes Act 1961

Question 11

Define artifice:

Answer 11

“Artifice” involves being “cunning, skilled, artful”; for example:

• Making up false Teleco identification and then pretending you need to the house to check the telephones.
• Promising a young child sweets if he or she opens the door.

Question 12

What is aggravated burglary?

Answer 12

a) while committing burglary, has a weapon with him or her or uses
anything as a weapon; or

b) having committed burglary has a weapon with him or her, or uses
anything as a weapon, while still in the building or ship.

Question 13

Fill in the gaps; Everyone who gains entry through ______ or ________ is to be treated as having entered without authority;

Answer 13

Everyone who gains entry through THREAT or ARTIFICE is to be treated as having entered without authority